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THE REGISTERED TRUSTEES OF THE DIOCESE OF ABA V. HELEN NKUME

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THE REGISTERED TRUSTEES OF THE DIOCESE OF ABA V. HELEN NKUME

Legalpedia Citation: (2002) Legalpedia (SC) 69117

In the Supreme Court of Nigeria

Fri Jan 11, 2002

Suit Number: SC. 94/1999

CORAM


SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

SAIFULLAHI MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT

UWANI MUSA ABBA AJI

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT


PARTIES


THE REGISTERED TRUSTEES OF THE DIOCESE OF ABA APPELLANT(S) / PLAINTIFF(S)


DEFENDANTS/ RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Plaintiffs claimed they inherited the land in dispute from the Diocese of the Niger which the latter leased from the Government of Eastern Nigeria  but gave no evidence in proof.


HELD


The court held that the court of appeal was right in dismissing the plaintiffs claim.   ?


ISSUES


1. Whether the Diocese of the Niger extended to the Diocese of Aba and whether the latter succeeded the former.2. Whether the Appellant was not entitled to the land in dispute in terms of the Amended Statement of Claim.?


RATIONES DECIDENDI


CASES CITED


GEORGE v. DOMINION FLOUR MILLS (1993) 1 ALL NLR 71 at 77NATIONAL INVESTMENT & PROPERTIES CO. LTD v. THOMPSON ORGANISATION LTD (1969) NMLR 99 at 104;EMEGOKWE v. GEORGE (1973) 4 SC. 113 at 117 OBIOHA v. DURU (1994) 8 NWLR (PT. 365) 631, FASORO & ANOR. v. BEYIOKU & ORS. (1998) 2 N.W.L.R. (PT. 76) 263, BALOGUN v. AKANJI (1988) (N.W.L.R. (PT. 70) 301)?


STATUTES REFERRED TO


NONE


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