LAMIDI OGBO FAKOYA VS ST. PAUL’S CHURCH, SHAGAMU
September 2, 2025MFON UDO MBOHO VS THE STATE
September 2, 2025Legalpedia Citation: (1966-03) Legalpedia 96186 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Mar 4, 1966
Suit Number: SC 155/1964
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
OMUFEREN UYOVBARIA AND ORS
APPELLANTS
CHIEF M. KPOROARO AND ANOR
RESPONDENTS
AREA(S) OF LAW
FORFEITURE
SUMMARY OF FACTS
The appellants sought against the respondents a declaration of forfeiture, possession or damages, and various injunctions. The Court ordered the respondents to pay a “fine” of £50 in lieu of forfeiture and non-suited the claim for damages. The appellants dissatisfied with the order have brought this appeal.
HELD
Appeal dismissed.
ISSUES
That the trial Judge was wrong to non-suit the claim for damages, and that he ought to have awarded a sum by way of damages based on the arrears of unpaid tribute
RATIONES DECIDENDI
PAYMENT IN LIEU OF FORFITURE
“If the tribute payable for the future is to be fixed it must be as a condition of relief from forfeiture.” Per BRETT, J.S.C.
CASES CITED
Uwani v. Akom (1928) 8 N.L.R. 19
Etim v. Eke (1941) 16 N.L.R. 43
STATUTES REFERRED TO
