• October 25, 2016
  • Posted by: Stephen Azubuike
  • Category: Case Law Blog
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On importance of the use of nomenclature in matters relating to land and landed property

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.


Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.

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