(1974) JELR 46168 (SC)    

Supreme Court  ·  SC.48/1974 ·  19 Dec 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 958 (1974) 12 S.C. 87
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
2nd defendant
1st defendant
learned trial judge
deed of lease
civil proceedings
interest of justice
mathias chukwura
civil case
services of the late barrister anyiam osuigwe
2nd defendants
acquiescence of the parties call
annual rent
bell-gam v
case of the 2nd defendant
civil servant
d. o. ibekwe
draw attention
evidence of the said surveyor-general
exceptional circumstances
first question
good deal of light
hold interest
important questions
inter alia
interesting points of law
leading judgment
lease of the land
legal argument
licensed surveyor
preparation of exhibits e
purported lease
recent civil war
respect of the said property
rival claims
second defendant
set aside
such cases
support of this allegation
surveyor general

D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): The plaintiff and the 2nd defendant in this case are husband and wife. They are married under the Marriage Act, but they now live apart. The plaintiff is a civil servant, and the 2nd defendant is the proprietress of a weaving industry.

After their marriage, the couple lived together. But during the recent civil war they began to fall apart, and by the time the war ended in 1970, they had completely fallen apart. As is usual in such cases, either party now accuses the other of desertion.

The suit arises from the rival claims which the couple has set up to lease- hold interest in respect of the property known as No.7 E.C.N. Road, Aba., On the 29th day of September, 1971, the husband as the plaintiff instituted this action against his wife as the 2nd defendant, and the lessor as the 1st defendant,


"1. A declaration that he is entitled to the Leasehold of the property NO 7 E.C.N. Road, Aba, and

2. An order setting asid…

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