CORAM
PARTIES
1. DR. AUGUSTINE N. MOZIE2. VINCENT MBAMALU3. LOUIS N. MADUKAIFE4. GABRIEL M. IGWEZE5. ANDREW OBIECHINA6. NATHAN MOZIE7. REGISTRAR OF DEEDS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st appellant, a medical practitioner, desirous of building a cottage hospital and his residential accommodation, applied for a parcel of land in Ani Owelle. He applied for unspecified number of plots and the family allocated some plots of land. Problem started when the 1st appellant cleared more than what the family allocated to him.
HELD
Dismissing the appeal (By a majority of 3 to 2), the court held the appellant is only entitled to the four plots of land allocated by the family members on the preponderance of evidence before the trail court.
ISSUES
(1) Whether family members can maintain an action in respect of family property in their personal capacity.(2) whether the 1st appellant was allocated only four plots or an indefinite or unlimited number of plots.?
RATIONES DECIDENDI
CASES CITED
1. Abubakri V. Smith 1973 6S.C.31 2. ACB V. Emostrade (2002) 8 NWLR (Pt. 770) 5013. Adekunle V. Adewale [1983] 8 SC 984. Adelaja V. Farouk (1990) 2 NWLR (Pt. 131) 137?
STATUTES REFERRED TO
NONE