MICHEAL OJI OGBU VS THE STATE
July 10, 2025MOHAMMED JUWO VS. ALHAJI SHEHU
July 10, 2025Legalpedia Citation: (1989-10) Legalpedia 63651 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Oct 9, 1992
Suit Number: SC.52/1989
CORAM
UWAIS WALI JUSTICE, SUPREME COURT
U. OMO JUSTICE, SUPREME COURT
OGUNDARE JUSTICE, SUPREME COURT
OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
AG CHIEF JUSTICE NIGERIA
DAVID OGUNLADE(For himself and the Itakite family of Odo-Ayedun-Ekiti)
APPELLANTS
EZEKIEL ADELEYE(For himself and the family of Isefa, Oke-Ayedun-Ekiti)
RESPONDENTS
AREA(S) OF LAW
NONE
SUMMARY OF FACTS
SUMMARY OF FACTS
The plaintiff/respondent claimed from the defendant/appellant 56 tins of palm oil at the current value, 1,400 kolanuts at the current value and N28.00 all being the twenty-eight (28) years arrears of Tribute (Isakole) payable to the plaintiff by the defendant as customary tenant of the plaintiff in respect of plaintiffs’ land.The respondent obtained judgment against the defendant/appellant in Ikole Native Court for the payment of the tribute. The present suit was brought to enforce the said judgment.
HELD
ys been treated as quite distinct from the right to issue execution under it.
ISSUES
Does not the order of the Court of Appeal that the defendant pay part of the judgment debt awarded by the Ikole Native Court in Suit No. 113/48 of 1948 given on the 2nd day of July, 1948 amount to ordering the enforcement of the said judgment by action instituted more than twelve years after the date of the judgment sought to be enforced?
RATIONES DECIDENDI
NATURE OF DECLARATORY AND EXECUTORY JUDGMENTS
“The decision in Okoya v. Santilli (supra) is however relevant because it deals with the nature of declaratory and executory judgments, and the differences between them. Whilst the latter declare the respective rights of the parties and then proceed to order the defendant to act in a particular way, and is therefore immediately enforceable; the former merely proclaims or declares the existence of a legal relationship and do not contain any order which may be enforced against the defendant vide Government of Gongola State v. Tukur (1989) 4 NWLR (Pt.1 I7) 592. Such declaratory judgments may be the ground or basis of subsequent proceedings in which the rights having been violated receive enforcement.” Per OMO, JSC
CASES CITED
Okoya v. Santilli (1990) 2 N WLR (PL 131) 172
Government of Gongola State v. Tukur (1989) 4 NWLR (Pt.1 I7) 592
STATUTES REFERRED TO
The Land Use Act 1978
The Limitation Law, Cap. 64 of the Laws of Western Nigeria
