CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
UGUGUA UKWA & ORS
APPELLANTS
AKWA LOCAL COUNCIL & ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW – RECOVERY OF POSSESSION – INJUCTION
SUMMARY OF FACTS
The appellants initially granted the land in dispute to the respondents to build a central market. The market was later relocated to another portion of land. The respondents then interfered with the land in dispute by letting out portions of it and collecting rent on it.
HELD
The court allowed the appeal holding that the appellants were entitled to ownership and recovery of possession of the land and to an injunction restraining the respondents from interfering with the land.
ISSUES
Whether the appellants or the respondents were entitled to possession of the land in dispute
RATIONES DECIDENDI
DOCTRINE OF LACHES
‘The doctrine of laches is that a person entitled to land should not stand by and allow another person who thinks the land is his to make improvements, and then assert his right to the land; he wants to take the improvements and cheat the other man of the expense he is making’ – Onyeama, J.S.C
CASES CITED
STATUTES REFERRED TO