BABATUNDE JEMI ALADE VS LAWANI ABORISHADE
September 10, 2025JOSEPH ADENIYI OGUNRO AND 3 ORS VS CHRISTIANA AJKE OGEDENGBE AND ANOR
September 10, 2025Legalpedia Citation: (1960-06) Legalpedia 88235 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Jun 24, 1960
Suit Number: SC 322/1959
CORAM
ADEMOLA, JUSTICE SUPREME COURT
ABBOTT, JUSTICE SUPREME COURT
HUBBARD, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
N.O. IFEJIKA & ANOR. (For themselves and on behalf of the Ukwa Family of Umuasele Onitsha)
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF RIGHT
SUMMARY OF FACTS
The respondents were granted a declaration of title to the land in dispute after their claim in trespass, damages and injunction were dismissed.
HELD
The court held that the declaration of title against the appellants was properly made.
ISSUES
Whether it was proper for the learned Judge to grant a declaration by itself when the respondents’ claim to consequential relief had entirely failed.
RATIONES DECIDENDI
APPLICATION FOR THE ORDER OF DECLARATION OF RIGHT ARISING FROM DEFENDANT’S PREVIOUS CONDUCT.
‘the Court has a discretion to grant to applicants a declaration where the relief sought is to establish a right which may be adversely affected in the future by something wrongful already done by the defendants at the time the declaration is asked for.’ Per Hubbard Ag F.J
CASES CITED
London Association of Shipowners and Brokers v. London and India Docks Joint Committee 1892, 3 Ch. 242.
STATUTES REFERRED TO
Not Available
