Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1997) JELR 40285 (SC)    

Supreme Court  ·  SC.142/1992 ·  7 Mar 1997 ·  Nigeria
Other Citations
Oviawe v. I.R.P. (Nig.) Ltd. (1997) 3 NWLR (Pt.492) 126
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
chief williams
public purpose
1st respondent
court of appeal
1st defendant
said land
compulsory acquisition of land
high court
trial judge
learned counsel
military governor
notice of acquisition
s. a. n.
simple shall vest
acts of trespass
bendel state
chief f. r. a. williams
compulsory acquisition of plaintiff
determination of this appeal
farm land
general damages
government of bendel state
leading judgment
new paragraphs
possession of the parcel of land
argument of the 1st respondent
bini customary law
central issue
claims of the appellant
commencement of the trial of this action
compulsory acquisition of the land
edo state
following issues
general rule of interpretation of statutes
issue of the invalidity of the compulsory public acquisition
jurisdiction of this honourable court
land use decree
mr. okeaya inneh
parcel of land
provision of public lands acquisition law
provisions of this law
public lands acquisition law cap
purported certificate of occupancy no.
valid compulsory acquisition
whole land

U. MOHAMMED, JSC (Delivering the Leading Judgment): The central issue for the determination of this appeal is the question whether or not there had been a valid compulsory acquisition by the Government of Bendel State (now Edo State) of a parcel of land over which the appellant, who was plaintiff before the trial High Court, claims that he is entitled to a Statutory Right of Occupancy. The appellant contended that the purported compulsory acquisition of the land in dispute was null and void. The claims of the appellant before the High Court are as follows:

"(a) A declaration that before the Land Use Decree 1978 at all material time the plaintiff is under Bini Customary Law and Custom the owner and is in possession of the parcel of land measuring 400ft x 400ft at Ekae Village Benin City within the jurisdiction of this Honourable court, and therefore entitled to a Statutory Right of occupancy in and over the said land. A survey plan delineating the said land having been filed in court. …

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