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CaseLaw

Okoye V. Dumez (1985) CLR 6(h) (SC)

Judgement delivered on June 7th 1985

Brief

  • Equity
  • Equitable interest
  • Unregistered land instrument
  • Declaration of leasehold title
  • Option to renew

Facts

This appeal is against the judgment of the Court of Appeal, allowing by a majority of 2 to 1 the appeal of the present respondents from the judgment of the High Court of the Rivers State holden at Port Harcourt. In the said High Court, the present appellant as plaintiff had claimed against the present respondents as defendants jointly and severally as follows:

  • 1
    a declaration of leasehold title to that certain piece or parcel of land known as and called ANINKPOKWUODU situate being and lying at Choba Ikwerre in the Rivers State of the Federal Republic of Nigeria property of the plaintiff under the deed of lease dated the 6th day of February 1976 and registered as No. 95 at page 95 in Volume 1 of Lands Registry in the Office at Port Harcourt.
  • 2
    N500,000 (five hundred thousand naira) general damages for the acts of trespass committed by the defendants on the said land without the leave or licence of the plaintiff; and
  • 3
    perpetual injunction restraining the defendants by themselves, by their servants and agents or otherwise from committing further acts of trespass on the said land.”

After having heard the evidence, the trial judge, Allagoa C.J., granted the declaration and injunction sought and awarded N100,000 as general damages for trespass against the respondents. Being dissatisfied with the decision of the trial judge, the respondents appealed to the Court of Appeal which (Belgore and Olatawura JJ.C.A. with Aseme J.C.A. dissenting) allowed the appeal, set aside the decision of the High Court and ordered a verdict of dismissal of the plaintiff’s claim in respect of the order for injunction and the award of general damages.

The appellant has now appealed to this court against the judgment of the Court of Appeal.

Issues

  • 1
    Whether a Land instrument which is not registered as required by the...

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