Ratio DecidendiRatio Decidendi



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…

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