Legalpedia Citation: (2009) Legalpedia (SC) 42151
In the Supreme Court of Nigeria
Fri Jul 10, 2009
Suit Number: SC.390/2002
CORAM
ALOMA MARIAM MUKTAR, JUSTICE, SUPREME COURT
JOHN AFOLABI FABIYI, JUSTICE, SUPREME COURT
OLUFUNIOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
PARTIES
CLIFFORD OSUJI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant as the 2nd plaintiff sued the deceased father of the respondent claiming that the respondent family was a customary tenant. While the appellant claimed exclusive ownership, the respondent claimed ownership of the property in common with the appellants. The trial judge held that the appellant and respondent were joint owners. The defendant appealed which was allowed. The appellant dissatisfied with the judgment has appealed.
HELD
Appeal dismissed.
ISSUES
NONE
RATIONES DECIDENDI
WHEN A DECLARATORY RELIEF WILL BE MADE
A declaratory relief is not confined to cases where there is a complete or subsisting cause of action but may be employed in all cases where the Plaintiff conceives he has a right. Per ADEKEYE JSC
CASES CITED
1. Akinrinade v. LawaI (1996)2 NWLR pt 429 pg 2182. Kayode v. Odutola (2001) 11 NWLR pt 725 pg 6593. Dantata v. Mohammed (2007)7 NWLR pt 664 pg 176
STATUTES REFERRED TO
NONE