(2003) JELR 44805 (SC)    

Supreme Court  ·  SC.77/1996 ·  11 Jul 2003 ·  Nigeria
Other Citations
Abudu v. Eguakun (2003) 14 NWLR (Pt.840)311 (2003) 7 S.C 50 (2003) 7 S.C 50
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY lKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
eldest son
trial court
court of appeal
james abudu
4th defendant
eldest son of eguakun
leading judgment
second burial
customary law of benin
equitable defences
final funeral rites
high court
johnson eguakun
omorodion eguakun
a. i. iguh
bona fide
burial rites
children of late mr. eguakun
clear appreciation of the issues
common ground
death of a father
eldest child
eldest male child
facts of the purchase
father of mary
final burial rites
good use of the facts
great merit
instant case
isekhere street benin city
land registry
main seat of the deceased father
mr. eguakun
native law
nec clam
original appellant
piece of land
presence of the present respondent
relevant ward committee
second burial of his father
s. m. a. belgore
third son
trial high court
view of this court

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The original appellant, James Abudu, died and was substituted by Jimoh Abudu up to Court of Appeal. By the time this court was to hear the appeal, James Abudu died and was substituted by Iredia Abudu. The appellant was 4th defendant at the trial High Court. The plaintiff at the trial court is Johnson Eguakun, one of the children of late Mr. Eguakun who died in 1935. Mr. Eguakun left many children, male and female, and Johnson was the third son. The eldest son was Omorodion Eguakun, the father of Mary, Samson and Felix who were co-defendants with James Abudu at the trial court. Sometime in 1944, James Abudu bought a piece of land, now in dispute, from Omorodion Eguakun, the eldest son of Eguakun. The land belonged to late Eguakun and Omorodion as the eldest son, under Benin native law and custom, had certain rights which I shall explain later in this judgment. James Abudu erected a building on the land in 1952, about eight yea…

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