Just Decided Cases

BOLA ETUWEWE AND ANOR VS SUNDAY ETUWEWE AND ETUWEWE

Legalpedia Citation: (1966-06) Legalpedia 90518 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Fri Jun 24, 1966

Suit Number: SC 189/1965

CORAM


BAIRAMIAN JUSTICE, SUPREME COURT

AJEGBO JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT


PARTIES


BOLA ETUWEWE AND ANOR

APPELLANTS 


 SUNDAY ETUWEWE AND ETUWEWE

RESPONDENTS 


AREA(S) OF LAW


Land Law – Family Property-Partition

 

 


SUMMARY OF FACTS

This is an appeal by the plaintiffs from a decision of Ekeruche, J. sitting in the Warri High Court on the 20th January, 1964 in Suit W./57/1961 in which he struck out the claim with 15 guineas costs to the 2nd defendant.

 

 


HELD


That the Appellant evidence does not accord with his pleading and also that there was nothing to bar the High Court in this suit from exercising its original jurisdiction

 

 


ISSUES


Whether the High Court was right when held that it was not competent to hear the suit as it pertained to a matter which was subject to the jurisdiction of a customary court relating to inheritance of property on death

 

 


RATIONES DECIDENDI


PARTITION


‘When a person dies and his estate devolves as family property. Sometimes there is an allocation of a piece of land to X for him to farm and earn his livelihood, and of another piece to Y. Neither X nor Y becomes the owner of the piece allotted to him, but both pieces remain family property; and this is to be distinguished from a partition or division of the estate which gives a successor a piece as his own property. Then again some pieces may be divided as private property, and something may be left as family property.’ Per Lewis, J.S.C.

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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