IFEZUE
V.
MBADUGHA & ANOR

(1984) JELR 46453 (SC)    

Supreme Court  ·  SC.68/1982 ·  18 May 1984 ·  Nigeria
 · 
Other Citations
(1984) All N.L.R 256 (1984) 5 S.C.
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
constitution
court
final addresses
court of appeal
conclusion of evidence
power of attorney
mr. okeke
public authority
federal court of appeal
j.u. okeke
constitution of the federal republic of nigeria
court of appeal act
grounds of appeal
interpretation of section
issues of law
learned justices of the federal court of appeal
leave of court
provisions of section
such thing
background facts of the case
brief outline
case of a mandatory law
chief f. r. a. williams
chief ifezue
circumstances of this case
creature of statute
date of delivery
direct evidence
facts of the case
following areas
fresh arguments
instalment payment of the judgment debt
interpretation of the said s
judgment debtor
leading judgment
lessee of the government of anambra state
minds of trial judges
onitsha high court
order of court
outcome of this appeal hinges
provisions of the said section
request of the registrar of the court
said j. u. okeke
said mr. okeke
said suit
second thought
subsequent order of court
time exercise
useful purpose

ANIAGOLU, J.S.C.(Delivering the Leading Judgment):- The outcome of this appeal hinges on the interpretation of section 258(1) of the 1979 Constitution. Although the grounds of appeal encompass other issues of law and facts which were argued before the Federal Court of Appeal, the interpretation of section 258(1) becomes the dominant issue in the appeal because should the appellant's arguments on it be accepted, no useful purpose (other than fanciful academic peregrinations) would be served by going through the facts and issues of law arising therefore.

Before, however, embarking upon this main issue, it is perhaps worth the while to set out in a brief outline the facts of the case between the parties bringing about this litigation.

There is a house situate in Block 44, plot 18 at Onitsha commonly known as No. 12 Anyaegbunam Street, Fegge, Onitsha. The plot of land on which this house was built was the subject of a grant to the plaintiff/ appellant from government for a period of 40 …

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