CORAM

A.I. IGHU – JUSTICE, SUPREME COURT

WALTER SAMUEL NKANU ONNOGHEN, (Lead Judgment) JUSTISCE SUPREME COURT

NIKI TOBI, JUSTISCE SUPREME COURT

SUNDAY AKINOLA AKINTAN, JUSTISCE SUPREME COURT

FRANCIS FEDODE TABAI, JUSTISCE SUPREME COURT

PARTIES

1. CALABAR CENTRAL CO-OPERATIVE THRIFT & CREDIT SOCIETY LTD2. CHIEF E.E.UMOH3. CHIEF OKO E. EFFANGA. APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondent sued the Appellant for inter alia a declaration that the purported conveyance is null, void and of no effect whatsoever and is against the provisions of the Land Use Decree of 1978. The Court entered  judgment for the Respondent. An appeal to the Court of Appeal  was dismissed, hence this present appeal.

HELD

Appeal dismissed. Supreme Court held that the deed of conveyance was null and void and of no effect

ISSUES

1.    Whether or not the deed of conveyance Exhibit “A” to the originating summons was null and void and of no effect whatsoever under the Land Use Act for the reason only that the consent of the Governor was not first sought and obtain before it was signed/executed. 2.   Whether or not ground of appeal No. 5 before the Court of Appeal arose from the decision of the High Court that Exhibit A, the deed of conveyance, was a nullity, and therefore a fit and proper ground of appeal.

RATIONES DECIDENDI

CASES CITED

Savanah Bank of Nigeria Ltd. v. Ajilo (1989) 1 NSCC 135, ACLC Vol. 1.

STATUTES REFERRED TO

The Land Use Act, 1978

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