UTILGAS NIGERIAN & OVERSEAS GAS CO. LTD V. PAN AFRICAN BANK LTD
August 11, 2025CHRISTOPHER N. ONUBOGU & ANOR V. THE STATE
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 11114
In the Supreme Court of Nigeria
Fri Oct 4, 1974
Suit Number: SC. 134/1971
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT.(Presided)
GEORGE B. A. COKER JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO,JUSTICE, SUPREME
PARTIES
BRIGBO & ORS
APPELLANTS
EYIN PESSU & ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW- OWNERSHIP OF LAND
SUMMARY OF FACTS
The Plaintiff/Respondent claimed ownership of a land called ATERPGHA against the defendant/appellant. The matter was initially struck out and on application, it was re-listed but the 3rd plaintiff was missing from the Statement of Claim when it was re-listed. The High Court delivered Judgment in favor of the plaintiff and granted possessory title to them.
HELD
The Supreme Court held that they were in no doubt whatsoever that the Plaintiff in the court below did establish their claim to a declaration of title under Native Law & Custom. The appeal was dismissed with costs
ISSUES
1. Whether the 3rd plaintiff and Olu of Warri was and continued to be part to this case.
2. Whether the learned trial Judge wrongly granted to the Plaintiff a declaration of “possessory title” when they did not claim such title.
RATIONES DECIDENDI
GRANT OF TITLE
A High Court is entitled to grant to a Plaintiff the type of title which by his evidence he has proven in awarding him a declaration” – Per Coker, JSC.
HOW A PARTY TO A PROCEEDING CAN BE REMOVED:
A party is not allowed to be in and out of a case as he likes and once one is properly made a party to a legal proceedings unless and until an order striking out such one out of the proceedings is made by a competent court, such a one remains a party to the proceedIngs.- Per Coker, JSC
CASES CITED
Comfort Asaboro v. M.G.D. Aruwaji & Anor. (S.C. 86/73 decided on the 11th June, 1974)
Jemi Alade v. Aborishade (1960) 5 FSC 16
STATUTES REFERRED TO
Not Available
