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DOKUBO AND ANOR VS BOB-MANUEL AND ORS

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DOKUBO AND ANOR VS BOB-MANUEL AND ORS

Legalpedia Citation: (1967-04) Legalpedia 56940 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Fri Apr 14, 1967

Suit Number: SC 473/1965

CORAM


BRETT JUSTICE, SUPREME COURT

COKER JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT


PARTIES


NDOKUBO QUAKER DOKUBO AND ANOTHER

APPELLANTS 


CHIEF DAVIES BOB-MANUEL AND OTHERS

RESPONDENTS 


AREA(S) OF LAW


LAND LAW – CUSTOMARY TENANCY-FORFEITURE-PRACTICE AND PROCEDURE

 


SUMMARY OF FACTS

The appellants erected buildings in the land in dispute which they let out to rent paying tenants without seeking or obtaining permission from the overlords, the respondents and denounced them as owners.

 


HELD


The court held that their acts constituted grounds for forfeiture under customary law.

 


ISSUES


Whether the appellants were liable for forfeiture of the Owusara land allocated in 1912 to the Quaker Bob-Manuel House under the banner of the Bob- Manuel House (respondents).

 


RATIONES DECIDENDI


EFFECT OF DENIAL OF OVER-LORDS TITLE BY TENANT


A denial of the title of the true over-lord is a ground for forfeiture in every system of jurisprudence. Per Coker J.S.C


EFFECT OF DENIAL OF OVER-LORD’S TITLE BY TENANT


‘A denial of the title of the true over-lord is a ground for forfeiture in every system of jurisprudence.’ Per Coker J.S.C

 


CASES CITED


1. Suraimoh Adegbite v. lawal (1948) 12 W.A.C.A. 398

2. Ozomagbo Ubagu and 15 others v. Chief Ozonechi Okachi and 4 others F.S.C. 484/63

 


STATUTES REFERRED TO



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