CORAM
ABUDAKAR BASHIR WALI, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
MASADE ESENE (SUBSTITUTED BY ANDREW MASADE)
APPELLANTS
CECILIA ISIKHUEMEN
RESPONDENTS
AREA(S) OF LAW
LAND LAW – DECLARATION OF TITLE – POSSESSION – INJUNCTION
SUMMARY OF FACTS
The appellant invited the respondent, his lover, to live rent free in a house he had built. The dispute arose when the respondent, transferred her affection to another man. The appellant became aware of this development, asked her to pay some rent. The respondent refused to pay rent and began to lay claim to both the land and house as owner thereof.
HELD
The Court held thus: we accordingly set aside the decision of the lower court as well as the order of costs in this matter dated 6th February, 1975 and remit the case to the Ubiaja Judicial Division of the High Court of Bendel State for a hearing de-novo before another Judge. The appellant is awarded costs assessed at N180 against the respondent.
ISSUES
Not Available
RATIONES DECIDENDI
A DECLARATION OF TITLE TO A PIECE OF LAND AND AN INJUNCTION
CASES CITED
Alade v. Aborishade 5 FSC p. 167 and particularly at p. 178
STATUTES REFERRED TO
Evidence Ordinance