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JONAH ABBEY KALIO & ORS VS CHIEF M.D. DANIEL-KALIO

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JONAH ABBEY KALIO & ORS VS CHIEF M.D. DANIEL-KALIO

Legalpedia Citation: (1975) Legalpedia (SC) 87510

In the Supreme Court of Nigeria

HOLDEN AT ENUGU

Fri Feb 14, 1975

Suit Number: SC. 238/1974

CORAM


TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT


PARTIES


JONAH ABBEY KALIO & ORS APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Plaintiff/Respondent sued the Defendant/Appellant in the High Court of Port Harcourt for a declaration of title to land, damages for trespass and injunction. The Court proceeded to make a declaration for title, damages of N75 and an injunction. Dissatisfied, the Defendant/Appellant brought this appeal.


HELD


Appeal allowed


ISSUES


None.


RATIONES DECIDENDI


DECLARATION OF TITLE IN SUITS BETWEEN CO OWNERS OF PROPERTY-


It is trite law that a declaration of title is never granted to a plaintiff member of a family against another member of the same family; both parties are in such cases co-owners of the family property. PER TASLIM O. ELIAS, JSC


CASES CITED


None.


STATUTES REFERRED TO


None.


CLICK HERE TO READ FULL JUDGMENT

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