ALHAJI KARIM LAGURO VS HONSU TOKU

CORAM

A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT

S. KAWU JUSTICE, SUPREME COURT

S.M.A. BELGORE JUSTICE, SUPREME COURT

E.O.I. AKPATA JUSTICE, SUPREME COURT

B.O. BABALAKIN JUSTICE, SUPREME COURT

PARTIES

ALHAJI KARIM LAGURO

APPELLANTS

HONSU TOKU

RESPONDENTS

AREA(S) OF LAW

DECLARATION OF TITLE AND INJUNCTION.

SUMMARY OF FACTS

The plaintiffs/respondents took a writ against the defendants claiming declaration of title to a piece of land, five hundred pounds damages for trespass to the same land and injunction restraining them, their agents or other members of Ibereko Community from continuing trespass on the land. The appellants/defendants, not only denied the claim but also counter-claimed for a declaration of title to the same piece of land and sought forfeiture of the plaintiffs/respondents’ customary tenancies allegedly held of them by the plaintiffs/respondents, and they also claimed possession. Judgment was given in favor of the plaintiff. Against the judgment, the appellants appealed to Court of Appeal in which the appeal was dismissed. The appellants further appealed to the Supreme Court.

HELD

The appeal was dismissed for lacking in merit.

ISSUES

Whether the Respondents discharged the onus cast upon them by the law to warrant the declaration of customary right of occupancy of the piece of land in dispute made in their favour by the lower Court.

Whether the majority of the Court below was not in error in granting an amendment to the Statement of Claim at the state at which they did so.

RATIONES DECIDENDI

BURDEN OF PROOF

“The onus is always on the person who asserts to prove.” Per BELGORE, J.S.C

AIM OF PLEADINGS

“The primary aim of pleadings is to settle issues in contention between the parties for trial. The function of the trial Court is to look at the pleadings and arrive at its judgment after hearing all the evidence in support of such pleadings.” Per BELGORE, J.S.C