CORAM
SOWEMIMO JUSTICE, SUPREME COURT
A.B WALI – JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
ALHAJI I.A. ONIBUDO & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The land in dispute is situate at No. 1 Onibudo Street, Lagos, the Plaintiffs sued the defendants foe trespassing into the said land.
HELD
Appeal allowed.
ISSUES
1. The issue of the Islamic Law.
2. On the issue of whether to order a new trial or strike the case out.
RATIONES DECIDENDI
DUTY OF COURT AND PARTIES
“The duty of the production of facts is that of the parties; the duty of evaluation of facts produced is, that of the trial judge whose function is to decide on credibility. The appellate court is perfectly entitled, on appeal, to draw proper inferences from specific facts proved, and while giving weight to the opinion of the trial Judge, form its independant opinion upon drawing those inferences.” Aniagolu. JSC.
BURDEN OF PROOF IN TITLE TO LAND CASES
“The fact remains, that in order to get the court to declare title in a plaintiff, the proof of ownership must be by facts which are cogently satisfactory.” Aniagolu. JSC.
BURDEN OF PROOF IN TITLE TO LAND CASES
“In spite of this obviously unacceptable “mistake” of the defendants, the burden of proof was upon the plaintiffs to prove their title clearly, emphatically and satisfactorily.” Aniagolu. JSC.
CASES CITED
1. Stool Of Abinabina v. Chief Kojo Enyimadu (1953) AC 207
2. Watt or Thomas v. Thomas (1947) AC 484 at 488.)
3. Bornu Holding Company Ltd. v. Alhaji Hassan Bogoco (1971) 1 All NLR 324
STATUTES REFERRED TO
Evidence Act
High Court of Lagos State (Civil Procedure) Rules, Cap. 52
Supreme Court Act, 1960