EMMANUEL AMAIKE V THE STATE
June 12, 2025FERODO LIMITED VS IBETO INDUSTRIES LIMITED
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 11144
In the Supreme Court of Nigeria
Fri Feb 20, 2004
Suit Number: SC. 106/1998
CORAM
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
CHIEF OJONG NDOMA –EGBA(substituted for Chief Ojong Ndoma Egba – deceased) APELLANT(S) / CROSS RESPONDENT(S)
RESPONDENTS / CROSS APPELLANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondent’s property was sold as abandoned property under Edict No.10 of 1970 and Decree No.90 of 1979 in 1978, he had returned from the east after the civil war in 1970.
HELD
The court held that there was no strict compliance with the procedure set out in the Edict for categorizing a property as Deserted and that the properties though deserted were not abandoned.
ISSUES
1. Whether the 1st respondent’s properties in question were not abandoned properties as contemplated by Edict No.10 of 1970 out of which the appellant lawfully purchased, and whether the purchase was not validated by Decree No.90 of 1979.2. Whether the Court of Appeal was right in affirming the decision of the High Court striking out the 4th defendant from the suit
RATIONES DECIDENDI
CASES CITED
1. Bello V. Diocesan Synod of Lagos (1973) A.N.L.R. (Green Cover) 196 at 214;2. Peenok Investments Ltd V. Hotel Presidential Ltd (1982) 13 NSCC 477 at 487-488;3. Attorney-General of Bendel State V. P.L.A. Aideyan (1989) 4 NWLR (pt. 118) 646 at 675-676
STATUTES REFERRED TO
The Deserted property (control and management) (south eastern state) edict 1970
