In the Supreme Court
On 16TH DECEMBER, 2016
SC.164/2003
Before Their Lordships
WALTER SAMUEL N. ONNOGHEN CJN JSC
MARY UKAEGO PETER-ODILI JSC JSC
OLUKAYODE ARIWOOLA JSC JSC
KUMAI BAYANG AKAAHS JSC JSC
KUDIRAT MOTONMORI O. KEKERE-EKUN JSC (Delivered Lead Judgment) JSC
JSC
Between
CHRISTIAN OKAFOR
And
BENDE DIVISIONAL UNION
MR. DICKSON U. E. UWAGBAMA
EMMA I.CHUKWU
ANTHONY ONWUKANJO
UKOHA U. UKOHA
D. I. KALU
SUNDAY A. UKANDU
MRS. J. NWAMUO
The respondents instituted a fresh suit on 25/4/1994 seeking declaration that the property situate, lying and being at No. 24 Langtang Street, Jos is the property of the first plaintiff and that the first plaintiff is entitled to the grant of a Statutory Right of Occupancy over the said property, perpectual injunction, and damages among others. After the exchange of pleadings, the defendants filed a motion on notice praying for the suit to be dismissed on the ground that it was statute barred. In a considered ruling delivered on 2/3/1999, the High Court per M.N. Ntiem, J. dismissed the application and held that the suit was not statute barred. An appeal to the lower court was dismissed on 8/11/2000 and the ruling of the trial court was upheld. The appellant is dissatisfied with the decision and has further appealed to the Supreme Court.