Just Decided Cases

JAMES E. EGBUNIKE &ANOR VS SIMON MUONWEOKWU

Legalpedia 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

 


CLICK HERE TO READ FULL JUDGMENT

legaladmin

Recent Posts

RENCO NIGERIA LIMITED V Q OIL & GAS SERVICES LIMITED & ANOR

Legalpedia Citation: (2025-08) Legalpedia 42685 (CA) In the Court of Appeal PORT HARCORT Mon Aug…

6 months ago

ENGINEERING ENTERPRISE OF NIGER CONTRACTOR CO. OF NIGERIA VS THE ATTORNEY-GENERAL OF KADUNA STATE

Legalpedia Citation: Legalpedia SC KIZW In the Supreme Court of Nigeria Thu Sep 11, 2025…

6 months ago

COMMISSONER OF POLICE, WESTERN REGION VS ALOYSIUS IGWE & 2 ORS

Legalpedia Citation: (1960-01) Legalpedia 19912 (SC) In the Supreme Court of Nigeria Holden at Lagos…

6 months ago

CLEMENT AKRAN VS INSPECTOR GENERAL OF POLICE

Legalpedia Citation: (1960-02) Legalpedia 45350 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

6 months ago

J. A. IREM VS OBUBRA DISTRICT COUNCIL AND OTHERS

Legalpedia Citation: (1960-03) Legalpedia 03348 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

6 months ago

JOHN KHALIL KHAWAM AND CO VS K CHELLARAM AND SONS (NIGERIA)

Legalpedia Citation: (1960-03) Legalpedia 49115 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

6 months ago