IKARA UBOK USAN V. THE STATE
August 2, 2025PAUL AMEH V. THE STATE
August 4, 2025Legalpedia Citation: (1978-06) Legalpedia (SC) 11172
In the Supreme Court of Nigeria
Fri Jun 23, 1978
Suit Number: SC. 247/1976
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
CHIEF MARY YOUNG JACK
GBOBO SAMPSON JACK
GODWIN JOE JACKS (For themselves and representing the Young Jacks Family)
APPELLANTS
DELIVER IGONIKAN HARRY
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW
SUMMARY OF FACTS
The plaintiffs claimed in the trial court a declaration of title to a piece or parcel of land of an annual value of £10 which has been in the peaceful enjoyment, possession and occupation of the plaintiffs. They also sought a perpetual injunction restraining the defendant, her servants, agents and all persons claiming through or under her from interfering with the plaintiffs title, rights and interest in and over the said land and £100 General damages for trespass.
HELD
The Supreme Court held that until the evidence is led about the land in dispute in the action before the trial court, and the plans attached to each pleading received in evidence, it is impossible for the trial judge to decide on the preliminary objection. The case was remitted to the trial court for a retrial.
ISSUES
Whether the land then in dispute is quite different from the land which is the subject matter of the appeal before the Supreme Court
RATIONES DECIDENDI
IT IS IMPOSSIBLE FOR THE COURT TO DECIDE ON THE PRELIMINARY OBJECTION THAT THE SUBJECT MATTER IS THE SAME UNTIL THE EVIDENCE IS LED
“In our view, until the evidence is led about the land in dispute in the action before him, and the plans attached to each pleading received in evidence, it is impossible for him to decide on the preliminary objection that the subject matter is the same.” Per SOWEMIMO, JSC.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
