MR. VICTOR ADELEKAN VS ECU-LINE NV
June 6, 2025CHIEF UGBOR OFIA V. CHIEF ISAIAH MBA EJEM & ORS
June 6, 2025Legalpedia Citation: (2006) Legalpedia (SC) 11032
In the Supreme Court of Nigeria
Fri May 12, 2006
Suit Number: SC. 356/2001
CORAM
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER JUSTICE, SUPREME COURT
PARTIES
ADETOUN OLUKOYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The dispute in this case involves ownership of a piece or parcel of land situate and lying at Sumbare Layout, Ijebu road, Ibadan, Oyo State which both parties claim as theirs.
HELD
The Supreme Court dismissed the appeal holding that the documents of title tendered by plaintiff/respondent coupled with her exclusive possession of the disputed land for over ten years were sufficient proof of her title to the land.
ISSUES
Whether there was sufficient evidence by the plaintiff to establish a better title to the land in dispute.
RATIONES DECIDENDI
QUI PRIOR EST TEMPORE, PORTIOR EST JURE
“Where as in the present case, the two or more competing documents of title upon which parties to a land in dispute rely for their claim of title to such land originated from a common grantor, the doctrine of priorities pursuant to the well-recognised maxim, qui prior est tempore, portior est jure, meaning that he who is first has the strongest right, dictates that the first in time takes priority” Per S.U. ONU, JSC
WHEN ONUS TO PROOF SIFTS TO THE DEFENDANT
“Although the onus of proof lies on a plaintiff to prove his/her title and he succeeds on the strength of his own case, but where the land in dispute, has been accepted by both parties as originally belonging to a particular person, land owner or that it is a family land and either party claims title to the said land through that original land owner or family, then, the plaintiff, has to discharge the onus of proof of title in him and the onus, shifts to the defendant who has claimed title.” Per I.F. OGBUAGU, JSC
PRIORITY
“It is settled law that the first in time or to be registered, takes precedence over the second.” Per W.S.N. ONNOGHEN, JSC
CASES CITED
1. Atanda V. Ajani (1989) 3 NWLR (Part III) 511. 2. Auta V. Ibe (2003) vol.13 Part 837 NWLR 247, (2003) 14 SCM 393. Egbuche V. Idigo (1934) N.L.R 1404. Idundun V. Okumagba (1976) NMLR 200 at 210-211
STATUTES REFERRED TO
The Evidence Act 1990 ?
