BASSEY EDEM VS ORPHEO NIGERIA LIMITED
June 13, 2025JIMOH ABUDU V. JOHNSON EGUAKUN
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 86465
In the Supreme Court of Nigeria
Fri Jul 11, 2003
Suit Number: SC. 170/1999
CORAM
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT (Dissented)
U. MOHAMMED JUSTICE, SUPREME COURT
A. I. KATSINA-ALU JUSTICE, SUPREME COURT
U. A. KALGO JUSTICE, SUPREME COURT
N. TOBI JUSTICE, SUPREME COURT
JUSTICE, SUPREME COURT
PARTIES
NTOE USAN ISO (DECEASED) (SUBSTITUTED BY CHIEF EKONG E. IMONA)CHIEF ITO EKONG ETACHIEF BASSEY ETETA ITACHIEF MBORA BASSEY TATAH (For themselves and as representing Akin Qua town families of Calabar) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In an issue of possession of land, the Defendants would not pay the Plaintiffs their share of proceeds from the Ikang Eta land in which they were entitled to through inheritance, instead they laid out part of the land into plots and started selling and so the plaintiff sued. ?
HELD
The appeal was dismissed and cost was awarded to the respondent.
ISSUES
1. Whether the defences of laches and acquiescence were pleaded and proved.
RATIONES DECIDENDI
LASHES AND ACQUIESCENCE
The settled law is that all equitable defences must be pleaded fully and with due particularity.- M.E. OGUNDARE, JSC
CASES CITED
See Ibenwelu V. Lawal (1971) ANLR 24
STATUTES REFERRED TO
None. ?
