CORAM

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SOWEMIMO, JUSTICE, SUPREME COURT

ESO, JUSTICE, SUPREME COURT

ANIAGOLU, JUSTICE, SUPREME COURT

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PARTIES

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AGBINO OBIOMA

JOSEPH BOLBO AKU

TAWAN OGBODU ( For thems elves and on behalf of Ebite Family of Udumuorugbo Quarters, Effurun in Uvwie clan)

APPELLANTS 

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LAWRENCE EMEYE OLOMU

MANAGE MAJEMITE

PAUL MAJEMITE (For themselves and on behalf of the Majemite Family of Jakpa Quarters Effurun in Uvwie Clan)

RESPONDENTS 

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AREA(S) OF LAW

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PROPERTY LAW/ EVIDENCE

 

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SUMMARY OF FACTS

There was a dispute as to the ownership of a piece of property as both parties claimed a declaration of title to the same property.

 

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HELD

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The Supreme Court held that it was satisfied that a declaration can be made on the ownership of the property in favor of the respondents and that the learned trial Judge was quite right to make the declaration which he made.

 

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ISSUES

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Whether the judgment of the learned trial Judge was against the weight of evidence

 

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RATIONES DECIDENDI

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CLAIM FOR A DECLARATION OF TITLE

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“It is settled law that in a claim for a declaration of title, a declaration of title of a defined smaller area within the larger area may be made by the trial court, so long as the lesser area is properly defined and proved to the satisfaction of the court.” Per SOWEMIMO, JSC

 

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CASES CITED

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Nwokeleke and Ors. v. Osele of Onicha and Ors. reported in WRNLR 1955-56 page 87

Ezeokeke and Ors. v. Uga and Ors. (1962) 1 ANLR page 482

Titus Sogunle and Ors. v. Amusa Akerele and Ors. (1967) NMLR page 58

 

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STATUTES REFERRED TO

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Not Available

 

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