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Showing posts with the label Property cases

The Oath That Beat the Better Evidence: When Native Arbitration Trumps Genealogy: Odoemelam v. Ojiavo [2026] 11 NWLR (Pt. 2052) 397 SC

The Oath That Beat the Better Evidence: When Native Arbitration Trumps Genealogy Odoemelam v. Ojiavo [2026] 11 NWLR (Pt. 2052) 397 — Supreme Court of Nigeria What happens when a court finds your evidence of land ownership more credible than your opponent's — and rules against you anyway? That is the puzzle at the heart of Odoemelam v. Ojiavo , a case that turns on an old Igbo institution few outsiders have heard of: the Okonko Society oath. Decades before any of these parties saw the inside of a courtroom, a man swore an oath over a pledged plot of land, and that oath ended up outweighing generations of genealogical proof in a battle that went all the way to the Supreme Court. The Facts Chikezie Odoemelam sued for a declaration that he held the statutory right of occupancy over a parcel of land in Abia State known as Uzota, or Ihi Nkwota. Three defendants — the Ojiavo and Anwuruoku families — counter-claimed for title to the same land, an injunction against further trespass, and da...

Tenant at Will or Yearly Tenant? Lessons from the case of Odutola v. Papersack (Nig.) Ltd [2006] 18 NWLR (SC)

Tenant at Will or Yearly Tenant? What a Landlord-Tenant Dispute Teaches Us About Proving Oral Agreements Case : Odutola v. Papersack (Nig.) Ltd [2006] 18 NWLR (SC) Court : Supreme Court of Nigeria If you've ever relied on a verbal understanding instead of getting it in writing, this case is a cautionary tale. It's a dispute over a warehouse in Lagos that turned entirely on one question: can you prove a tenancy existed just by saying so — or does the law demand more? The Property at the Centre of It All The dispute concerned premises at 44, Eric Moore Road, Iganmu Industrial Estate, Lagos. The first appellant owned the property outright and was also the founder, majority shareholder, and Managing Director of the second appellant, a company that had taken over the unexpired interest in the property from December 1991. According to the appellants, the original tenant of the property was a different company entirely — Thoresen and Co. (Nig.) Ltd — whose tenancy expired in 19...