MABERA
V.
OBI & ANOR

(1972) JELR 46130 (SC)    

Supreme Court  ·  SC.315/1971 ·  29 Sep 1972 ·  Nigeria
 · 
Other Citations
(1972) All N.L.R 772 (1972) 8-9 S.C. 147
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiff
land
law
learned trial judge
high court
area courts edict
original jurisdiction
court
declaration of title
second defendant
sokoto high court
sokoto n.a.
standard bank nigeria ltd.
1st defendant
dr. onwuamaegbu
first defendant
jurisdiction of a native court
provisions of the land tenure law
1st defence witness
1st respondent
grounds of appeal
high court law of the northern states
jurisdiction of area courts
jurisdiction of the area court
land matters
limited liability company
suit no.
bank manager
course of his submission
defendants
district court
following proceedings
hands of the court
issue of jurisdiction
kano high court
leading judgment
learned judge
mr. ofiogbu
only submission
order of the high court
provisions of sections
purported sale of the house
recovery of his house
said house
sokoto area court
subject of any right of occupancy
subject of a statutory right of occupancy
time of sale
upper area courts

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Suit No. SO/9/1970 in the Sokoto High Court the plaintiff's claim against the defendants jointly and severally, as formulated in his writ of summons, reads:-

"1. Recovery of his house and landed property valued at 5,000 (five thousand pounds) situate and lying off Rigia Dorowa, Sokoto. The said house was unlawfully attached and sold under a writ of execution by the first defendant to the second defendant while plaintiff was in the East-Central State during the disturbance in the country.

2. Declaration of title.

3. 200(pounds) damages for trespass.

4. Accounts of all monies collected as rents by the second defendant from time of sale and that such monies be paid to the plaintiff.

5. That the purported sale of the house by first defendant to the second defendant be set aside, declared null and void and of no effect."

Pleadings were ordered and were duly filed and delivered.

The facts as found by the learned trial judge …

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