C. ANUEYIAGU & ANOR VS DEPUTY SHERIFF, KANO
September 8, 2025JAMES E. EGBUNIKE &ANOR VS SIMON MUONWEOKWU
September 8, 2025Legalpedia Citation: (1962-01) Legalpedia 68639 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jan 19, 1962
Suit Number: SC 140/1961
CORAM
UNSWORTH,JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
SIMON MUONWEOKWU
RESPONDENTS
AREA(S) OF LAW
CIVIL LAW-CLAIMS—DECLARATORY JUDGMENT-APPEAL(LAND LAW—OWNERSHIP OF TITLE—APPEAL)
SUMMARY OF FACTS
The plaintiffs/appellants sued the defendant/respondent in the Native Court claiming the declaration of title over the land in dispute amongst other reliefs. The Court gave judgment for the defendants. On appeal to the Magistrates’ Court was allowed. The defendants appealed to the High Court and it was allowed. Being dissatisfied the plaintiffs have appealed to this Court.
HELD
Appeal dismissed
ISSUES
Not Available
RATIONES DECIDENDI
DECLARATORY JUDGMENT
‘A declaratory judgment is discretionary. It is a form of judgment which should be granted only in circumstances in which the Court is of opinion that the party is seeking it is, when a11 the facts are taken into account, fully entitled to the exercise of the Court’s discretion in his favour.’ Per TAYLOR F. J.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
