ONYEMA OKE & ORS V AMOS EKE & ORS
July 24, 2025GEORGE I. U. OBAYUWANA V GOVERNOR BENDEL STATE
July 24, 2025Legalpedia Citation: (1982) Legalpedia (SC) 10815
In the Supreme Court of Nigeria
Fri Dec 3, 1982
Suit Number: SC. 79/1981
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
PEENOK INVESTMENTS LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The defendant through its accredited representative requested of the plaintiff to use the said building as an Annexe to its Hotel at Port-Harcourt known as HOTEL PRESIDENTIAL. They both agreed for a said rent, the defendant used the building but failed to pay the rent.
HELD
Appeal allowed
ISSUES
1. Whether Edicts No. 15 and 17 of 1972 are void on the ground that they were made in bad faith by the then Governor of Rivers State.
2. Ought the plaintiff to have applied to the High Court to join the Rivers State Government as a party to this action before it can properly raise the issues mentioned under item (i) of paragraph 3 of this brief.
RATIONES DECIDENDI
JOINDER OF PARTIES
“The test as to whether there should be joinder of a party in a suit is based on the need to have before the court such parties as would enable it to “effectually and completely adjudicate upon and settle all the questions” in the Suit.” Irikefe, JSC.
THE POSITION OF THE LAW AS TO FOREIGN LAW
“As a general proposition of law, foreign law which would include the laws of the component States in a federation such as ours, is a question of fact which must be pleaded and proved in a trial.” Irikefe, JSC.
CASES CITED
1. Abejide v. Ashiru – 1967 NMLR p. 365.
2. Uku & Ors. v. Okumagba & Ors. (1974) 3 S.C
STATUTES REFERRED TO
Evidence Act
Public Lands Acquisition Law or the State Lands Law
High Court Civil Procedure Rules of Eastern Nigeria (Cap.61)
