UGWE UKOHA & ORS VS GOLDEN OKORONKWO
August 20, 2025NTA MBA & ORS VS EDE NWEDE ANIGBO & ANOR
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 11991
In the Supreme Court of Nigeria
Fri May 12, 1972
Suit Number: SC.265/66
CORAM
ELIAS JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
OKOYE OYIDIOBU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claims damages caused by the defendant by obstructing the plaintiffs access way, an injunction to restrain from building on the said access way and to remove the foundation of the proposed building on the said access way.
HELD
The Court dismissed the appeal and awarded cost to the respondent.
ISSUES
Whether the learned trial Judge erred in law and misdirected himself in holding that the plaintiff can maintain this action which is grounded in nuisance against the defendant for obstructing her access way without considering whether the plaintiff has actually acquired an easement over the same access way.
RATIONES DECIDENDI
DEFINITION OF KOLA TENANCY LAW
“Kola tenancy” and “tenancy” mean a right to the use and occupation of any land which is enjoyed by any person in virtue of a kola or other token payment made by such person or any predecessor in title or in virtue of a grant for which no payment in money and in kind was exacted” ELIAS, CJN.
CASES CITED
Trevett v. Lee (1955) I WLR
Dymond v. Pearce & Ors. (1972) 2 WLR 633 when at p.637 113, at p.116
STATUTES REFERRED TO
Kola Tenancies Law (Cap. 69 of the Laws of Eastern Nigeria, 1963)
