CHIEF C.O. BENEBO OMONI & ORS V. CHIEF PENNINGTON D. IMONA BIRIYAH & ORS
August 7, 2025JACOB OLORUNMEYITOKU V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 89351
In the Supreme Court of Nigeria
Thu Jun 10, 1976
Suit Number: SC. 123/1974
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
OGAHILE AKPAGUE & ANOR (for themselves and on behalf of the descendants of Onicha of Ike-Onicha Village in Aboh Division) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs sue the defendants over some parcel of land. Both parties led evidence traditional history to prove their respective cases. After a thorough evaluation of evidence, the trial court believed the story of the defendants and gave judgment accordingly.
HELD
The court held that the appellants are liable to forfeit the land having set up rivalry claim against the title of the defendants, the overlord.
ISSUES
Whether the evidence of the defendants is more probable to establish title over the piece of land
Whether the plaintiffs are liable to forfeit the land considering the pleadings of the parties
RATIONES DECIDENDI
BREACH OF COVENANT OF A CUSTOMARY TENANT
In our view, the general principles of law applicable to the accepted facts of this case are well settled. Denial of an overlords title is one of the gravest breaches that a customary tenant could commit; and we are satisfied that, on the facts of this case, the learned trial judge was entitled to make an order for recovery of possession of the area edged blue on Exhibit B – C. O. MADARIKAN, JSC
CASES CITED
N.Q. Dokabo & Anor. V. Chief D. Bob-Manuel & Ors. (1967) 1 All NLR. 113
STATUTES REFERRED TO
None.
