O. A. KUKOYI & ORS V. ADIATU LADUNNI
August 6, 2025EDWARD UWETAN OMADIDE V. CHIEF J.O. ADEJEROH & ORS
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 13111
In the Supreme Court of Nigeria
Fri Oct 22, 1976
Suit Number: SC. 276/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
SAMUEL CHUKU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued the defendant for a declaration of title to a piece of land. The land was given to the defendants father who built a mud house on the said land. The house fell and was abandoned as a result of the civil war. The defendant returns to the land for farming purposes
HELD
The court held that the defendants father has lost his right to the said land after the erected house had fallen according to Ikwerre clan customary law. The land automatically reverts to the grantor.
ISSUES
Whether as plaintiff maintains the land in dispute belongs to Ogbuji Family or as the defendant says, it is communal property of Ngwomati, and if it is Ogbuji family land whether there can be a reversion.
RATIONES DECIDENDI
ALLOCATION OF LAND FOR TEMPORARY BUILDINGS
Land allocated to another for erecting temporary buildings reverts to the grantor if the buildings fell and ceased to be used for the purpose of the grant and became abandoned… SOWEMIMO, JSC
CASES CITED
None
STATUTES REFERRED TO
None
