ANTHONY ODUNUKWE V. THE ADMINISTRATOR-GENERAL EAST CENTRAL STATE
August 5, 2025T.O. KUTI V. MRS S. BALOGUN
August 5, 2025Legalpedia Citation: (1978-01) Legalpedia (SC) 05115
In the Supreme Court of Nigeria
Thu Jan 26, 1978
Suit Number: SC. 60/1976
CORAM
PHILIP NNAEMEKA-AGU JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
UZOWURU ANUKANTI
APPELLANTS
UWANDU EKWONYEASO (Substituted by order of court for Ekwonyeaso Okwaraunegbu (deceased)
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – BANKING – INTERPRETATION OF LAW
SUMMARY OF FACTS
The appellant claimed that the land in dispute was pledged by his ancestors to the respondents ancestors and sought to redeem it. The trial court without resolving the issue dismissed the claim.
HELD
The court allowed the appeal and ordered a retrial.
ISSUES
The court allowed the appeal and ordered a retrial.
RATIONES DECIDENDI
DETERMINATION OF THE PARTY WITH A BETTER TITLE IN A CLAIM FOR TITLE TO LAND
Where questions of title to land arise in litigation the court is concerned only with the relative strength, of the title proved by the rival claimants. If party A can prove a better title than party B he is entitled to succeed notwithstanding that C may have a better title than A, if C is neither a party to the action nor a person by whose authority B is in possession or occupation of the land- Idigbe J.S.C
WHETHER A PARTY WHO OBTAIN POSSESSION BY THE PERMISSION OF ANOTHER CAN USE THAT POSSESSION TO RAISE THE PLEA OF JUS TERTI
where one party obtains possession of land by permission of another he cannot, in law, use that possession to support a plea of jus terti against that other – Idigbe J.S.C
DUTY ON TRIAL COURT TO RESOLVE ALL ISSUES BEFORE IT
A trial court has a duty to make specific findings on the relevant issues submitted before it – Idigbe J.S.C
CASES CITED
Oceana Estates Ltd. v. Norman Pinder (1969) 2 AC 19 at 24-25
STATUTES REFERRED TO
Not Available
