NEKA B.B. MANUFACTURING CO. LTD. VS AFRICAN CONTINENTAL BANK LTD.
June 12, 2025PATRICK IZUAGBE OKOLO V. UNION BANK OF NIGERIA LIMITED
June 13, 2025Legalpedia Citation: (2004) Legalpedia (SC) 11135
In the Supreme Court of Nigeria
Fri Jan 16, 2004
Suit Number: SC.103/1995
CORAM
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
CHIEF AQUA EDEM ARCHIBONGCHIEF BASSEY ADOMR. OKON EDET ANIEKPONMR. ASUQUO INYANGMR. ENE OKONMADAM ITO OKOH (For themselves and as representing Ifiang Nsung and Ifiang Oyong Community, Akpabuyo, Calabar)CROSS RIVER STATE MINISTRY OF AGRICULTURE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents were customary tenants of the appellants in respect of certain lands. They claimed they are entitled to take part in the execution of a lease of the land in dispute. No evidence was led to show that the land in dispute formed part of the land in respect of which they are customary tenants.
HELD
The court held that they did not prove their claim and that the lower court ought to have dismissed the claim
ISSUES
1. Whether the Court of Appeal was right in granting the declaratory relief on the basis of the Judgments in Exhibits 2 and 9?2. Whether the Land affected by the declaration has been satisfactorily proved?
RATIONES DECIDENDI
CASES CITED
Evidence Act
STATUTES REFERRED TO
1. Kwadzo V. Adjei (1944) 10 WACA 2742. Arabe V. Asanlu (1980) 5-7 SC 783. Ibenye V. Agwu (1998) 9-10 SC 18.4. Omoregie V. Idugiemwanye (1985) 2 NWLR (Pt. 5) 41,5. Osawani V. Ezeiruka (1978) 6-7 SC 135;6. Attorney-General, Anambra State V. Onuselogu (1987) 4 NWLR (Pt. 66) 547;7. Agu V. Nnadi (2002) 12 NSCQR 128, (2003) 1 SCM 33; O8. Oredoyin V. Arowolo (1989) 7 SC (Pt. II) 1
