OLALE C.D. VS G.O EKWELENDU

CORAM

UWAISJUSTICE, SUPREME COURT

WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, COURT OF APPEAL

AGBAJE JUSTICE, SUPREME COURT

CRAIG JUSTICE, SUPREME COURT

PARTIES

OLALE C.D

APPELLANTS

G.O EKWELENDU

RESPONDENTS

AREA(S) OF LAW

LAND LAW – ABANDONED PROPERTY (CUSTODY AND MANAGEMENT) EDICT NO. 8 OF 1969 OF RIVERS STATE

SUMMARY OF FACTS

The respondent abandoned the land in dispute during the civil war and same was returned to him after the war. He however found the appellant on the land who started claiming title when the respondent instituted this action to get his land back. He had earlier claimed to be a tenant.

HELD

The court held that the trial court was wrong in holding that the respondent did not properly identify the land and proved title and confirmed the decision of the court of appeal granting the respondent’s claims.

ISSUES

1. Whether the issue before the Court was ownership of Abandoned Property controlled and managed by the Abandoned Property Authority under Edict No. 8 of 1969 OR issue of title to land requiring the plaintiff to prove how he came to the land on which he built;

2. Whether the Court of Appeal was right in holding that the plaintiff/respondent proved that he is the owner of the buildings in dispute on the evidence before the trial Court.

RATIONES DECIDENDI

PURPOSE OF THE ABANDONED PROPERTY (CUSTODY AND MANAGEMENT) EDICT NO. 8 OF 1969 OF RIVERS STATE

The Abandoned Property (custody and Management) Edict No. 8 of 1969 of the Rivers State was promulgated to control and manage properties abandoned by owners who fled from the State for safety as a result of the Civil War, till their owners returned and proof of ownership the Authority was to hand over the proper, together with the account of all rents collected during his absence and payment of whatever remains after expenses. – Obaseki J.S.C