VICTOR IYERE & ORS VS SIMEON DURU & ANOR
July 21, 2025TRANS BRIDGE COMPANY LIMITED VS. SURVEY INTERNATIONAL LIMITED
July 21, 2025Legalpedia Citation: (1986-07) Legalpedia 22966 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Sat Jul 12, 1986
Suit Number: SC 179/1984
CORAM
IRIKEFE, JUSTICE SUPREME COURT
BELLO,JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
ANIAGOLU, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
KAZEEM, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
EZEALA NNAJIOFOR
NWANERI NWOSU
NWAOPARA OGBOGU
ANOSIKE OSUAGWU
MADUWUBA MGBUDOM
AJOMIURE IYIOKU (For themselves and as representing Ezemelaha Village in Eziama)
APPELLANTS
LINUS UKONU
SAMUEL IBE
EDMUND UBAKA (For themselves and as representing Ndimbara Village in Eziama)
RESPONDENTS
AREA(S) OF LAW
LAND LAW – INJUNCTION – TRESPASS – DAMAGES
SUMMARY OF FACTS
The plaintifs filed an action for declaration of title to a piece of land, that is the land in dispute, known as “Okohia Ndimbara” which is situate at Ndimbara Village of Eziama in Orlu Judicial Division against the defendants.
HELD
The Court dismissed the appeal.
ISSUES
Whether the trial (in the High Court) had taken such an inordinately long time that the appellants could be said to have been denied a fair hearing within a reasonable time, and the denial had been such as to occasion a miscarriage of justice
RATIONES DECIDENDI
MEANING OF ‘REASONABLE TIME’
“In my opinion, therefore, “reasonable time” in the context of section 33 subsection (1) of the 1979 Constitution can only be determined in the light of the circumstances and peculiarities of each case. It is not therefore possible to lay down a fixed rule as to what “reasonable time” is in the trial of every case. Some cases are by their nature short or lengthy by reason of the number of witnesses to be called or the length of the testimonies of the witnesses.” UWAIS JSC.
CASES CITED
1. Ariori and ors. v. Elemo and others)1983) 1S.C.13 at pp. 27-28; 71 and 75
2. Awobiyi and Sons v. Igbalaiye Bros., [1965] 1 All N.L.R. 163 at p.166;
3. Lawal v. Dawodu, [1972] 1 All N.L.R. (Part 2) 270 at p. 279 to 280
4. Akpor v. Iguoriguo, [1978] 1 L.R.N. 36 at p. 40; (1978) 2 S.C. 115.
STATUTES REFERRED TO
Not Available
