CORAM

UWANI MUSA ABBA AJI

AUGUSTINE NNAMANI, JUSTICE SUPREME COURT

PARTIES

1. ROBERT ENAJITE UGHUTEVBE (Substituted with leave of Court for Dick Ughutevbe (Dead) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent claimed that the property in dispute was bought in his name by his father and given to him as a gift to advance his education while the appellant claimed that his own father purchased the property from the respondent’s father

HELD

The court held that where a father buys property in the name of his child, it raises a rebuttable presumption of advancement (i.e. an absolute gift to the child) and that in the circumstances of this case; the presumption had not been rebutted.

ISSUES

1. Whether the learned Justices of the Court of Appeal were right when they held that whether the Court below was right to have held that the trial Court was wrong to have struck out the reply of the 1st respondent to the Amended Statement of Defence filed by the appellant in the trial Court.2. Whether the Court below was right to have held the view that the property in dispute which was bought in the name of the 1st respondent by his father was meant to be a gift for the future advancement of the 1st respondent

RATIONES DECIDENDI

CASES CITED

1. Herbert V. Vaughan, [1972] 3 ALL E.R. 122; [1972] 1 W.L.R. 1128;2. Renton Gibbs & Co. V. Neville [1900] 2 Q.B. 1813. Iga V. Amakiri [1976] 11 S.C. 14. Shephard V. Cartwright [1953] 3 W.L.R. 378

STATUTES REFERRED TO

NONE

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