OYIDIOBU
V.
OKECHUKWU

(1972) JELR 46125 (SC)

Supreme Court · SC.265/1966 · 12 May 1972 · Nigeria
·

Other Citations

OYIDIOBU v. OKECHUKWU (1972) 5 S.C. (REPRINT). 123

CORAM

TASLIM OLAWALE ELIAS JSC ATANDA FATAYI-WILLIAMS JSC GEORGE SODEINDE SOWEMIMO JSC

Ratio Decidendi

Editorial Summary

The plaintiff/respondent sued the defendant/appellant in the High Court or nuisance. The defendant opposed the suit on the ground that the plaintiff and her husband were kola tenants. The trial Judge found that the plaintiff and her husband were indeed kola tenants and, as such, were owners in possession of the property which could be passed to their heirs. In this appeal to the Supreme Court, the findings of the learned trial judge were upheld and that the respondent could sue the appellant for nuisance.

Core Terms ^Beta

plaintiff

learned trial judge

access way

defendant

land

nuisance

learned counsel

error

highway

mgbelekeke family

pampam lane

respondent

easement of way of necessity

lee

mr. egonu

mr. whyte

brief description of the characteristics of a kola tenancy

careful statement of his findings

content of a document exhibit

direct relevance

eastern side of the property of the surviving plaintiff

example sections

exhaustive definition

exhibit b

ground of a claim

grounds of appeal

high court

judgment of h u. kaine

kola tenancies law

kola tenants of the mgbelekeke family

laws of eastern nigeria

leading judgment

nature of the interest

obstruction of a highway

onitsha kola tenancy

possession of the property

possession of the servient tenement

private individual

provisions of this law

public nuisance

said access way

short statement

t. o. elias

virtue of a grant

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of H U. Kaine, J., at the High Court, Onitsha, delivered on May 11, 1964, in which the plaintiff's claim was for the sum of 100pounds being damages caused by the defendant by obstructing the plaintiff's access way, an injunction to restrain the defendant his servants and agents from building on the said access way and also an order of the court for the defendant to remove the foundation of his proposed building from the access way.

The learned trial Judge found that the action had been brought by the plaintiff and her husband, that the husband died while the action was pending, and that it was grounded in nuisance. He also found that the plaintiff's complaint was that the land over which they had an access way for the past thirty five years was bought and paid for outright from the Mgbelekeke family and that it had just been occupied by the defendant who had thereby blocked the access way. The l…

OYIDIOBU V. OKECHUKWU

OYIDIOBU
V.
OKECHUKWU