C. IDIGBE, JSC. (Delivering the Leading Judgment) This is an appeal by the defendant, Madam Iserhienrhien Arase, from the judgment of the Federal Court of Appeal, (Omoigberai Eboh, Nnaemeka Agu, JCA, - Agbaje, JCA., dissenssiente) dated the 23rd day of January, 1979, which confirms the decision of Obaseki, J., (as he then was) of the 24th day of July, 1975 in a matter which ordinarily should present little or no difficulty but, as is usual with cases involving the customary law relating to land transfer in Benin, has become complicated by Bini native law and custom on the subject. These proceedings initiated by the respondent, the plaintiff Peter Uyi Arase, were commenced by a writ of summons of the 16th day of September, 1971 and the questions in dispute between the parties, really, are: which of them is entitled (1) to be declared 'owner' under the customary laws of the Bini people of the land and house thereon situated at 22 Ozah Street in Ward 'C' in Benin City? (2) to possession …
ARASE
V.
ARASE (1981)
(1981) JELR 42505 (SC)
Supreme Court 8 May 1981 Nigeria
Case
Key Passages 6
Citing Cases 185
BriefBot Summary
- This case involves a dispute over ownership and possession of a piece of land and a house in Benin City. - The plaintiff claims to have inherited the land according to Bini native law and custom, while the defendant claims to have purchas
Case Details
Suit Number:SC.60/1980
Judges:GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria
MOHAMMED BELLO Justice of The Supreme Court of Nigeria
CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
MUHAMMADU L. UWAIS Justice of The Supreme Court of Nigeria
Counsel:S. S. G. Enemeri For Appellant
M. S. Okeaya-Inneh For Respondent
Other Citations:ARASE v. ARASE (1981) 5 S.C. (REPRINT) 21
There's more. Sign in to continue reading.
judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.