n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

Sapo V. Sunmonu (2010) CLR 5(b) (SC)

Judgement delivered on May 7th 2010

Brief

  • Capacity to sue
  • Representative capacity
  • Fresh issue raised without leave
  • Possession and ownership
  • Interpretation of documents
  • Family property

Facts

The facts of this case leading to the instant appeal briefly stated, are that the Respondent who was the Plaintiff in the trial Court, claimed personally against the Defendant - Alhaji Bella Ajani Sapo, a declaration that the Plaintiff is entitled to a Statutory Right of Occupancy over or in respect of the land that was the subject-matter of dispute. She also claimed N10,000.00 (ten thousand naira) as damages for trespass and for perpetual injunction. Pleadings were filed and exchanged. At the trial, the Respondent testified and called six witnesses. The Defendant also testified and called three witnesses. After addresses, the learned trial Judge, dismissed the suit or claim of the Respondent who appealed successfully, to the Court below that allowed the appeal and set aside the judgment of the trial Court, hence the instant appeal.

Issues

  • 1
    Whether the death of the only Respondent to the appeal before the lower Court...
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