Just Decided Cases

MISS CHINYE M. EZEANAH VS MAHMOUD I.A. ATTAH

Legalpedia 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


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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