CORAM

CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.

A. I. IGUH

U. A. KALGO

M. E. OGUNDARE

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT

PARTIES

MISS CHINYE M. EZEANAH APPELLANTS

MAHMOUD I.A. ATTAH 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) 529|Eke V. Eluwa (2000) 14 NWLR (Pt. 88) 560.|Rochefoucauld V. Boustead (1897) 1 Ch. 196;|Dyer V. Dyer (1788) 2 COX. 92|Re Vandervell’s Trusts (No. 2) (1974 1 CH. D. 269

STATUTES REFERRED TO

None|

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