ALHAJI RAUPH O. GAJI VS THE STATE
August 8, 2025ALHAJI LABARAN NAKYAUTA VS ALHAJI IBRAHIM MAIKIMA & ANOR
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 91118
In the Supreme Court of Nigeria
Thu May 22, 1975
Suit Number: SC.104/1975
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
GEORGE B.A. COKER, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
PERMANENT SECRETARY, MINISTRY OF WORKS ETC, KWARA STATE & ANORS. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff prayed the trial court to set aside a Certificate of Occupancy in the possession of the 1st defendant and issued to him by the 2nd defendant, i.e. the Permanent Secretary, on account of the fraud or misrepresentation of the 1st defendant to the 2nd defendant at the time of obtaining the grant. The defendants raised the pleas of res judicata and time-bar.
HELD
The Supreme Court held that the trial Judge erroneously gave judgment against the 1st defendant who had no opportunity of defending his title to and possession of the Certificate of Occupancy. The plaintiffs case was dismissed against both defendants
ISSUES
Whether the plea of time-bar against the 2nd defendant should have been upheld
RATIONES DECIDENDI
THE PLEAS OF RES JUDICATA AND LIMITATION
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CASES CITED
STATUTES REFERRED TO
Public Officers Protection Law
