Day: October 2, 2023

General

HOW/383/2010 – BLD (NIG) LTD & ANOR VS. MRS.MONICA ONYEJIAKA & ANOR- BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT. M. NJAKA delivered ON THE 24TH DAY OF NOVEMBER 2021- Non-Challenge- the Defendants did not challenge the motion – Conditions for Attachment of Immoveable Properties – Section 44 of the Sheriff and Civil Process Act and Order IV Rule 16 of the Judgment Enforcement Rules- key conditions that must be satisfied before executing on immovable property – “reasonable diligence” in Section 44 – the importance of avoiding destitution for the judgment debtor – Duty of the Creditor and Evidence

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA ON THE ...
Civil Cases Land Cases

SUIT NO: HOW/723/2013 – MRS VALERIE ANN FRANCES IREGBULEM, SOREM LAWRENCE IREGBULEM, KELEM ASHLEY IREGBULEM, AMANZE ELLIOT IREGBULEM, MRS SAMANTHA IREGBULEM QUINN (SUING AS THE BENEFICIARIES OF THE ESTATE OF DR LAWRENCE M. IREBGULEM (DECEASED) VS SLY EMMANUEL EZENWUKWE, THE GOVERNOR OF IMO STATE IMO STATE COMMISSIONER FOR LAND SURVEY & URBAN PLANNING, OWERRI CAPITAL DEVELOPMENT AUTHORITY, ATTORNEY GENERAL OF IMO STATE BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 7TH DAY OF DECEMBER 2021- Revocation of Certificate of Occupancy- Procedure of Revocation- Ambiguity in Revocation Notice- Timeliness of the Defense – Grounds for Revocation – Compensation and Fair Hearing – Compliance with Section 44 of the Land Use Act- Subsistence of Certificate of Occupancy.

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA ON THE ...
Divorce Cases

SUIT NO: HOW/47D/2018 – MRS. OKORO CONSTANCE NWAMAKA V MR. IKERI B UGOCHUKWU- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- ON THE 14TH DAY OF DECEMBER 2021- There are provision and requirements for the annulment of marriage and dissolution of marriage and the effect on the parties are different -Annulment of marriage is usually on the allegation that the marriage is void or voidable -Whether the marriage is Customary or Statutory, consent is what gives the marriage its validity- Consent is an essential element in marriage, and any fraudulent or coerced consent can impact the validity of the marriage

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA                 ON...
Civil Cases Land Cases

SUIT NO.: – HOW/869/2017- MR. LINUS ANOZIE (FOR HIMSELF AND AS REPRESENTATIVE OF THE ENTIRE ANOZIE FAMILY OF UMUNKPUKE IN UMUNKWENYE VILLAGE) V MR. SABINUS IGWE ODUNZE, MR. CHIDI OKPE, MR. DONATUS OBINECHE, MR. LAZRUS OKPARA (FOR THEMSELVES AND AS REPRESENTATIVES OF THE ENTIRE UMUNKPUKE KINDRED EXCLUDING ANOZIE FAMILY), MR. EMMA I NDUMANYA- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – delivered ON THE 21ST DAY OF DECEMBER 2021- Arbitration according to customary law is an accepted means of settling disputes- five ingredients must be pleaded and established- right and freedom to resile from a customary arbitration- Refusal to provide or swear to a juju in the conclusion of arbitration can be seen as opting out or resiling from the arbitration- arbitration decision must be accepted by the parties at the time it was made for it to be binding- it may not be considered binding if either party refuses to accept the decision (based on the specific facts of the case)- five types of legal land ownership in Nigeria- burden of proof lies with the plaintiff when there is no counterclaim- methods of proving land ownership under native law and custom, including gifts of land- proof of a gift by traditional history arises when the event is beyond the memory of living witnesses- definition of a gift inter vivos- In cases of individual ownership versus communal ownership of land, the onus of proof lies on the party asserting individual ownership- t is essential for the head of a family to join in the conveyance, and the principal members of the family must consent to the transaction for the sale of family land to be valid

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF DECEMBER 2021 BEFORE HIS LORDSHIP: -...
Civil Cases Land Cases

SUIT NO.: – HOW/295/2017 – CHIEF GODDY OJINNAKA VS CHRISTIAN EKE (For Himself and as Representing the Other members of Late Sunday Eke Family of Umuanu Umuonyeche, Owerri, Imo State)- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 21ST DAY OF DECEMBER, 2021- Commendation of Counsel- Onus of Proof in Land Title Cases- Requirement for Sale of Family Land- Customary Sale Requirements- Proof of Ownership of Title- Multiple Means of Proving Ownership- Onus in Land Title Disputes – Witness Testimony and Corroboration – Family Land vs. Individual Land- Sale of Family Land- Proof of Illiteracy- Presumption for Documents Over 20 Years Old- Burden of Proof in Allegations of Forgery- Evidence of Land Use – Lack of Evidence for Customary Practices- Incomplete Ownership Activities- Documentary Evidence- Lack of Substantiated Claims- Dispute Survey Plan- Post-Suit Documents

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF DECEMBER, 2021 BEFORE HIS LORDSHIP: -...
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