ARTRA INDUSTRIES NIGERIA LIMITED V. THE NIGERIAN BANK FOR COMMERCE AND INDUSTRY
July 1, 2025MORRISON UDIH VS ELIZABETH IDEMUDIA
July 1, 2025Legalpedia Citation: (1998) Legalpedia (SC) 83119
In the Supreme Court of Nigeria
Fri Mar 13, 1998
Suit Number: SC. 76/1991
CORAM
S.M.A. BELGORE – JUSTICE, SUPREME COURT
M.E. EKUNDAYO – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT
PARTIES
MARK KELEDICKSON ENWAGABRIEL OJIMOSES ANYIMKALU AMANGWUSUNDAY OHESIEHEZEKIAH UFEREONUOHA ONUOBIAUKEJE OSIKEVIN UGWUBUJOTHOMAS ALEKEMATHIAS IKE(For themselves and as representing the people of AMAGBAHA and UMUIEGWU of AMACHARA ACHA ISIUKWUATO) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents averred that the parcel of land between Ataba stream and Aku stream called Akpaka land belongs to them from time immemorial. That Amachara people (defendants) have their own home land elsewhere from where they came to settle on the land of Amaigbo east of the Ataba stream. The defendants state that Aku stream is the boundary since 1929.
HELD
The appeal failed and was dismissed. The judgment and orders of the Court of Appeal dated 6th June, 1989 was affirmed.
ISSUES
1. Whether having regard to the issues raised on the appeal, the Court of Appeal was right in affirming the decision of the High Court over Exhibit “I.2. Whether the Court of Appeal having found the appellants were customary tenants can grant the relief of injunction to the respondents without the respondents first asking and obtaining an order for forfeiture of the customary tenancy
RATIONES DECIDENDI
WHEN WOULD INJUNCTION BE GRANTED
“The legal right of the respondents to the piece of land in dispute having been infringed by the appellants, the court below was right to have granted the order of injunction asked for.” Ogwuegbu JSC.
CASES CITED
Onyia v. Oniah (1989) 1 NWLR. (Pt. 99) 514.
STATUTES REFERRED TO
