NIGERIAN ACCEPTANCES LTD & ANOR V. COUTHINHO CARO & CO
August 11, 2025OGUCHI ONEA & ORS V. NWAEKE EGBEICHI & ORS
August 11, 2025Legalpedia Citation: (1974-05) Legalpedia (SC) 16006
In the Supreme Court of Nigeria
Wed May 29, 1974
Suit Number: SC. 274/1973
CORAM
ELIAS, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
J. C. NZELU
PETITIONER(S)
AFRICAN CONTINENTAL BANK LTD
S.A. JOHNSON
L.M. LOHOR
RESPONDENTS
AREA(S) OF LAW
CERTIFICATE OF RIGHT OF OCCUPANCY – LAND TENURE LAW
SUMMARY OF FACTS
The right of occupancy granted the appellant in respect of the property in issue expired in 1966 and was not renewed. He sought to set aside the sale of the house by the respondents in satisfaction of judgment obtained against him.
HELD
The court held that the appellant had no right to the property after the expiration of his right of occupancy and that his claim was rightly dismissed.
ISSUES
Whether the this action is maintainable by the appellant.
RATIONES DECIDENDI
COMPLAINT BY PLAINTIFF ON SALE OF PROPERTY OF WHICH HE HAS NO TITLE
“Whether or not the sale was irregular, the plaintiff cannot be heard to complain with regard to the sale of property to which he had no title.” Per SOWEMIMO, JSC.
CASES CITED
J.O. Majiyagbe v. Attorney General & Ors.
STATUTES REFERRED TO
Not Available
