Osadebe v. Osadebe [2013] 3 NWLR (Pt. 1342) 584 at 601, paras. D-G, per Oseji, JCA:
“…It is of utmost importance to state here that in matters relating to land and landed property the application and use of a particular nomenclature such as “partition”, allotment (e.t.c.) matters a lot as it could make a difference in a party’s case relating to the nature of claim being made in the pleadings or evidence.”
Notes:
The importance of minding the use of terminologies in certain cases such as in land matters cannot be over-emphasised. Lawyers should be careful while receiving briefing, to pay close attention to the entire facts of the case and documents available.
Notwithstanding, Judges are called upon to see beyond the particular nomenclature used in order to determine the true nature of the transaction and the accruing rights and liabilities. See the famous English case of Street v. Mountford [1985] 2 All ER 289 cited by Emeka Chianu, Law of Landlord and Tenant (Oliz: Benin, 1994), pp. 58, 61.
