GENERAL YAKUBU GOWON VS. MRS. EDITH I. IKE-OKONGWU
June 17, 2025NIGERIA AIR FORCE & V. EX. SQN. LEADER A. OBIOSA
June 17, 2025Legalpedia Citation: (2003) Legalpedia (SC) 11316
In the Supreme Court of Nigeria
Fri Jan 31, 2003
Suit Number: SC. 121/1997
CORAM
M. L. UWAIS, CHIEF JUSTICE, NIGERIA
M. E. OGUNDARE, JUSTICE, SUPREME COURT
S. U. ONU, JUSTICE, SUPREME COURT
A. I. KATSINA-ALU, JUSTICE, SUPREME COURT
U.A KALGO JUSTICE, SUPREME COURT
PARTIES
1. CHIEF THOMAS OKPALA2. CHIEF OMDEDE AKPE3. CHIEF UKPE ONI (FOR THEMSELVES AND ON BEHALF OF THE WHOLE ETUA PEOPLE LIVING IN NSUKWA LAND) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
With the Supreme Court judgment in favour of the respondents to this appeal, the appellants to this appeal approached the respondents for some negotiation in respect of the property. Overtures and emissaries were made and sent to the respondents to reconsider the situation and take back the appellants as customary tenants.The appellants moved beyond the two specified areas. The respondents did not like that ?
HELD
Appeal failed and thus dismissed. ?
ISSUES
Whether the Learned Court Below was right to have confirmed the Judgment of the Learned Trial Judge who failed to exercise his discretion judiciously and judicially in refusing Appellants’ plea for Relief against forfeiture having regard to all the special circumstances of the case.Whether the Court Below was right in affirming the decision of the Trial Judge who held that he was bound by ASANI TAIWO & 3 ORS V. ADAMO AKINWUNMI & 2 ORS. 1975 4 S.C. 143 and without reference to the Bendel State Civil Procedure Rules Edict No. 10 of 1998, before deciding the case on the point.”?
RATIONES DECIDENDI
CONDITION OF CUSTOMARY TENANCY
A clear condition of customary tenancy is the payment of tribute or rent by the tenant to the overlord. Per Niki Tobi J.S.C.
INCIDENT OF CUSTOMARY TENANCY
The major incident of customary tenancy is the recognition of the rights of the overlord to the title of the property, an incident which carries all other appurtenances in respect of the allodial right of the overlord to the property. Per Niki Tobi J.S.C.
CASES CITED
Dokubo V. Bob-Manuel (1967) 1 All NLR 113Onoitare V. Binitie (1984) 12 SC 19Onisiwo V. Gbamgboye (1941) 7 WACA 69Braid V. Kalio (1927) 7 NLR 34,Makinde V. Akinwale (2000) 2 NWLR (Pt. 645) 435?
STATUTES REFERRED TO
NONE ?
