HON. ABDULLAHI K. KAMBA & ANOR V ALH. IBRAHIM BAWA
June 12, 2025OBA RUFUS A. ADEJUGBE VS ENGR. JOSEPH AKANBI OLOGUNJA
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 11131
In the Supreme Court of Nigeria
Fri Feb 27, 2004
Suit Number: SC. 226/2000
CORAM
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT
PARTIES
1. MISS CHINYE M. EZEANAH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed ownership of the land in dispute on the ground that he bought it in the name of the appellant in anticipation of her agreement to marry him.
HELD
The court held that there was no evidence of any agreement to marry and that all the documents being in the name of appellant, she was presumed to be the owner.
ISSUES
1. Was the Court of Appeal right to hold that the Appellant is the owner of the property lying and situated at Plot 999 Cadastral Zone B6 Mabuchi District covered by the Certificate of Occupancy No. FCT/ABU/DT 291 notwithstanding the name of the Respondent there.2. Was the Court of Appeal right to hold that the land, Plot No. 999 Mabuchi District covered by Certificate of Occupancy No. FCT/ABU/DT 291 was allocated to the appellant by the Minister Federal Capital Territory (as a gift) pursuant to a promise of marriage to the Respondent.
RATIONES DECIDENDI
CASES CITED
National Insurance Corp. of Nigeria V. Power and Ind. Eng. Co. Ltd. (1986) 1NWLR (Pt. 14) 1;Nwede V. State (1985) 3 NWLR (Pt. 13) 444;Eze V. State (1985) 3 NWLR (Pt. 13) 429;Kure V. State (1988) 1 NWLR (Pt. 71) 404;Odebunmi V. Abdullahi (1997) 2 NWLR (Pt. 489) 529Eke V. Eluwa (2000) 14 NWLR (Pt. 88) 560.Rochefoucauld V. Boustead (1897) 1 Ch. 196;Dyer V. Dyer (1788) 2 COX. 92Re Vandervell’s Trusts (No. 2) (1974 1 CH. D. 269
STATUTES REFERRED TO
None
