M. S. C. EZEMBA VS S. O. IBENEME
June 11, 2025CHIEF CHUKWUEMEKA ODUMEGWU OJUKWU V CHIEF OLUSEGUN OBASANJO & ORS
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 13140
In the Supreme Court of Nigeria
Fri Jul 2, 2004
Suit Number: SC. 160/2000
CORAM
UWANI MUSA ABBA AJI
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
CHIEF E.W.J. WOHEREM JP APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed that the land in dispute was trespassed upon by the defendant in 1992 while the defendant claimed he purchased the land in 1967. The lower courts relied on the defendant’s statement of defence in holding that the suit was statute barred. ?
HELD
The court held that the lower courts were wrong to have considered the Statement of Defence and the affidavit filed in support of the preliminary objection in determining whether or not the action was statute barred and that the action was not statute barred.
ISSUES
1. Whether the action is statute-barred. 2. Whether the court below was right in embarking on a trial and thereby assessing the pleadings of the appellant against the respondents.
RATIONES DECIDENDI
CASES CITED
1. Banjo and others V. Eternal Sacred Order of Cherubim and Seraphin (1975) 3 S.C. 372. Savannah Bank of Nigeria Ltd. V. Pan Atlantic Shipping and Transport Agencies Ltd. 1987 N. W.L.R. (Part 49) 212 at 259 3. Jimo Odubeko V. Victor Fowler and Another (1993) 1 N.W.L.R. (Part 308) 63-74. Oshevire v. British Caledonia Airways Ltd. 1990 7 NWLR P.5075. Savannah Bank of Nigeria Ltd. V. Pan Atlantic Shipping and Transport Agencies Ltd. 1987 N. W.L.R. (Part 49) 212 at 259 J6. Imo Odubeko V. Victor Fowler and Another (1993) 1 N.W.L.R. (Part 308) 63-7
STATUTES REFERRED TO
NONE
