CORAM
ONU JUSTICE, SUPREME COURT
TOBI JUSTICE, SUPREME COURT
MOHAMMED JUSTICE, SUPREME COURT
MUSDAPHER JUSTICE, SUPREME COURT
ONNOGHEN JUSTICE, SUPREME COURT
PARTIES
ALHAJI RAUFU GBADAMOSI
APPELLANTS
OLAITAN DAIRO
RESPONDENTS
AREA(S) OF LAW
LAND-DECLARATION OF TITLE
SUMMARY OF FACTS
The respondent bought the land in dispute under native law and custom and registered it; the appellant bought from one Chief Adewunmi, judgment was given in favour of the Plaintiff. The defendant and an Intervener appealed , their appeal was dismissed. On a further appeal to the Supreme Court, the appeal was dismissed.
HELD
(i) The issue of identity of the land in dispute in an action for declaration of title to land is very fundamental. The onus is on the Plaintiff seeking the declaration to establish the precise identity of the land he is seeking the declaration.
(ii) It is not legitimate for the appellant to complain in an issue decided by the trial court without first appealing to the Court of Appeal for determination.
ISSUES
RATIONES DECIDENDI
IN LAND MATTERS, THE PLAINTIFF MUST SUCCEED ON THE STRENGTH OF HIS CASE
It is settled law that in an action for declaration the plaintiff must succeed on the strength of his case and not on the weakness of the defence except of course where from the pleadings and evidence in support thereof the defendant’s case supports that of the plaintiff- Per Musdapher JSC Pg 72.
CASES CITED
Cases referred to in the judgment
Abba v. Ogodo [1984] 1 SCNLR 372
Akinterinwa v. Oladunjoye [2000] 6 NWLR (Pt. 659) 92
Arabe v. Ansalu [1980] 5 – 7 SC 78
Biariko v. Edeh Ogwuile [2001] 12 NWLR (Pt. 726) 235
Chief Ejowhome v. Edek-Eler Mandelas Ltd [1986] 5 NWLR (Pt. 39) 1
Chinwendu v. Mbamali [1980] 3 – 4 SC 31
Ezukwu v. Ukachukwu [2004] 17 NWLR (Pt. 902) 2137, (2004) 7 SCM, 1
Gbadamosi v. Dairo [2001] 6 NWLR 737
Iordye v. Ihyambe [2000] 15 NWLR (Pt. 692) 675
Mogaji v. Odofin [1979] 1 SC 91
Odofin v. Ayoola [1984] 11 SC 72
Okulate v. Awosanya [2000] 2 NWLR (Pt 646) 530
Rufai v. Rikett 2 WACA 95
Udofia v. Afia 6 WACA 216
STATUTES REFERRED TO
Court of Appeal Rules