MR Z. O. OBOLO V. REV J.D ALUKO & ORS
August 7, 2025CHIEF P.I. MOKELU V. FEDERAL COMMISSIONER FOR WORKS AND HOUSING
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 05741
In the Supreme Court of Nigeria
Fri Mar 19, 1976
Suit Number: SC. 48/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
MADARIKAN, JUSTICE, SUPREME COURT
FATAYI-WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
EUGENE MERIBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal to the Supreme Court is from the judgment of the High Court, in an action instituted by the respondent, as plaintiff, against the appellant who was the defendant and who was sued in a representative capacity, namely, for himself and as representing the Meribe family. In the action, the plaintiff had claimed declaration of title to a parcel of land called Uzo Ama Awom, N200 damages for trespass and an injunction. Judgment was entered for the plaintiff. The defendant not satisfied with the judgment appealed to the Supreme Court.
HELD
The appeal was dismissed.
ISSUES
The Judgment is against the weight of the evidence.
The learned trial Judge erred in law when he said the court is inclined to the belief, as submitted by plaintiffs counsel, that the defendants are using their numerical superiority and their relative better financial position to attempt to deprive the plaintiff of the land which obviously had descended to him upon the death of his putative mother, when there was no such evidence and allowed this belief and sentiment to influence his judgment
He learned trial Judge erred in law when he held that Nwanyiakoli married Nwanyiocha according to custom and that the plaintiff is the son of both his own mother Nwanyiocha and Nwanyiakoli. Such accustom would be repugnant and ought not to be upheld. If Nwanyiakoli merely procured Nwanyiocha for Chief Cheghekwu to marry her as held by the court then the plaintiff has no claim to be the son of Nwanyiakoli and thereby prevents her and her landed property from being shared
RATIONES DECIDENDI
SAME SEX MARRIAGE
“The law governing any decent society should abhor and express its indignation of a woman to woman marriage; and where there is proof that a custom permits such an association, the custom must be regarded as repugnant by virtue of the proviso to Section 14(3) of the Evidence Act and ought not to be upheld by the court.” Per MADARIKAN, JSC.
ESSENTIAL REQUIREMENTS OF A VALID MARRIAGE
“In every system of jurisprudence known to us, one of the essential requirements for a valid marriage is that it must be the union of a man and a woman thereby creating the status of husband and wife.” Per MADARIKAN, JSC.
CASES CITED
None.
STATUTES REFERRED TO
None.
