J.E. EHIMARE & ANOR V OKAKA EMHONYON
July 24, 2025UNIVERSITY OF LAGOS AND ANOR. VS M.I. AIGORO
July 24, 2025Legalpedia Citation: (1985) Legalpedia (SC) 16311
In the Supreme Court of Nigeria
Fri Feb 1, 1985
Suit Number: SC. 151/1984
CORAM
IKECHl FRANCIS OGBUAGU, JUSTICE SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
KARIBI-WHYTE, JUSTICE, SUPREME COURT
PARTIES
W.A. OMONUWA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On the 4th December, 1978, plaintiff filed a writ of summons against the defendants, claiming a declaration of title to a statutory right of occupancy to a developed piece of land situate at No. 36 Urubi Street, Benin City. He also asked for an injunction restraining the defendants and their servants or agents from further entering or doing anything on the said land
HELD
APPEAL DISMISSED
ISSUES
RATIONES DECIDENDI
MEANING OF INTERLOCUTORY JUDGEMENT
“Any order, which in my opinion, does not deal with the final rights of the parties, but merely directs how the declarations of rights already given in the final judgment are to be worked out is interlocutory, just as an order made before judgment is interlocutory where it gives no final decision on the matters in dispute, but merely directs how the parties are to proceed in order to obtain that final decision.” COTTON L.J, PER KARIBI WHYTE J.S.C
CASES CITED
Blakey v. Latham (1889) 43 Ch. D. at p.25
STATUTES REFERRED TO
