Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2004) JELR 45009 (SC)    

Supreme Court  ·  SC.106/1998 ·  20 Feb 2004 ·  Nigeria
Other Citations
(2004) 17 NSCQR 399 (2004) 2 S.C. (Pt I) 107
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
edict no.
1st respondent
learned trial judge
abandoned properties
deserted property
military governor
said property
abandoned properties implementation committee
court of appeal
learned judge
south-eastern state
4th defendants
cross river state
abandoned properties act
high court
immovable property
learned justice of appeal
meaning of section
such application
such cases
adjacent pieces of land
agent john ani
chief emmanuel nkang abang
considered judgment
custodian make objection
designated custodian
following issues
government of the cross river state of nigeria
grant of a statutory right of occupancy
judgment of the trial court
junction of ikom
leading judgment
material times
operation of the deserted property
owners of those lands
provision of the edict no.
provisions of the deserted property
purported sale of the said lands
purpose of this edict
purview of all laws
said edict
said lands
substantial evidence

UWAIFO, JSC (Delivering the Leading Judgment): The High Court, Calabar, in a considered judgment, dismissed the plaintiff's claim on 7 December, 1992. On 11 December, 1997, the Court of Appeal, Enugu Division, by majority decision, reversed that judgment and granted the reliefs claimed by the plaintiff. It all started when the plaintiff's landed properties at Ikom in Cross River State were sold under the label of "abandoned properties." The evidence that emerged was that the arrangement to sell the properties was made in 1978 while the plaintiff was present and was protesting that his said properties were not abandoned. He therefore, brought this action in October, 1980 claiming the following reliefs:

"1. A declaration that the two deeds of lease in respect of two adjacent pieces of land at the junction of Ikom- Obudu Road and Abakaliki-Mamfe Road, popularly known as Four Corners, Ikom, Cross River State, made in each case between Chief Emmanuel Nkang Abang, Chief Oga Assima,and Chief…

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