CORAM

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MOHAMMED BELLO, JUSTICE, SUPREME COURT

KAYODE ESO, JUSTICE, SUPREME COURT

ANTHONY NNAEMEZIE ANIAGOLU, JUSTICE, SUPREME COURT

DAHUNSI OLUGBEMI COKER, JUSTICE, SUPREME COURT

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PARTIES

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WAHABI MABERI (For Himself and on Behalf of Maberi Family of Ogbomoso)

APPELLANTS 

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CHIEF OYENIYI ALADE & ORS

RESPONDENTS 

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AREA(S) OF LAW

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DISPUTE ON LAND MATTER

 

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SUMMARY OF FACTS

This appeal by the defendants raised only one issue, namely, whether the Court below is correct in upholding the decision of the trial Judge in favor of the plaintiffs for declaration of title to a piece of land. The boundaries of which were orally described by the plaintiff, the defendant and witnesses. The trial Judge earlier in his judgment held the view that the survey plan pleaded and tendered in evidence was unreliable. Judgment was given in favor of the plaintiff. The defendants appealed to the Court of Appeal but the appeal was dismissed. The further appealed to the Supreme Court.

 

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HELD

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The appeal failed. The judgment of the trial court was further affirmed.

 

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ISSUES

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Whether from the oral evidence of the first plaintiff quoted (in the judgment of the learned trial Judge) it can be said that the boundaries of the land in dispute had been proved with certainty as to support the reliefs granted in favor of the respondents.

 

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RATIONES DECIDENDI

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WHAT IS EXPECTED OF A PLAINTIFF SEEKING DECLARATION OF TITLE TO ANY PIECE OF LAND

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It is trite law that a plaintiff seeking declaration of title to any piece of land or an order of injunction must establish with certainty the boundaries of the land over which the declaration or order is sought.” Per COKER, J.S.C

 

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CASES CITED

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Wilfred Okpaloka & Ors. v. Ben Umeh (1976) 10 S.C. 2, 269, 293

Ajide Arebe v. Ogunbiyi Asaulu (1980) 6 S.C. 78, 88

 

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STATUTES REFERRED TO

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Not Available

 

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