G.C. AKPUNONU & ANOR VS BEAKART OVERSEAS & ORS
June 25, 2025A. SAVOIA LIMITED VS A. O. SONUBI
June 25, 2025Legalpedia Citation: (2000) Legalpedia (SC) 92169
In the Supreme Court of Nigeria
Fri Jul 14, 2000
Suit Number: SC. 26/1995
CORAM
IBRAHIM TANKO MUHAMMAD JUSTICE, SUPREME COURTBR/
O. ACHIKE JUSTICE, SUPREME COURT
U.A. KALGO
E.O. AYOOLA JUSTICE, SUPREME COURT
PARTIES
GEORGE OKEGBEMMEZIE OKWARAOKEHIE MADUEKWE (for themselves and on behalf of other members of Okwu Kindred of Umuokpo Village, Nkume) ANDNNADI CHIKERENWOSHIGWELAM OKOROEMUMECHRISTIAN UKWAHUIHE (for themselves and on behalf of other members of Olori Kindred of Umueze Village, Unkume) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs’ claim was for a declaration that they were entitled to the customary right of occupancy in respect of a piece of Land known as and called UHU OKWARA OHONAOBI situate at Umuokpo village Nkume. By their cross-action the defendants sought a similar declaration in respect of the same land which they described as UHU UMUODUDU situate at Umuodudu in Nkume.
HELD
That no inference favorable to the title which the defendants claim in the land by their cross action can be drawn from the fact of possession and that the order of non-suit was not appropriate in a case ?
ISSUES
Whether the inference which the trial judge drew from established facts was right or notWhether the Court below was right in up holding the order to non suit
RATIONES DECIDENDI
REVERSIONAL INTEREST – MEANING OF
It is settled law that once land is granted to a tenant in accordance with Native Law and Custom, whatever be the consideration, full rights of possession are conveyed to the grantee. The only right remaining in the grantor is that of reversion, should the grantee deny title or abandon or attempt to alienate and unless the tenant commits acts of misconduct, whereby they would incur forfeiture of their respective tenancies, the tenants are entitled to remain in occupation of the land severally granted to their ancestors. – Per Emmanuel Olayinka Ayoola, JSC
DEFINITION OF NON SUIT
An order of non-suit implies that although, on that particular occasion, the plaintiff has failed to prove his case against the defendant, he should, in fairness, not be denied an opportunity of relitigating the same case- Per Emmanuel Olayinka Ayoola, JSC
CASES CITED
1. Olayioye v. Oso (1969) 1 All NLR 2812. Sagay v. New Independence Rubber Ltd.(1977) SC 1433. Melifonwu v. Adezie (1964) 1 All NLR 346?
STATUTES REFERRED TO
None
