ALHAJI MADI MOHAMMED ABUBAKAR VS BEBEJI OIL AND ALLIED PRODUCTS LTD. & 2 ORS
June 4, 2025CHIEF OZO NWANKWO ALOR & ANOR V CHRISTOPHER NGENE & ORS
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 10081
In the Supreme Court of Nigeria
Fri Feb 16, 2007
Suit Number: SC.230/2001
CORAM
PARTIES
1. ALHAJI S.A. KAZEEM2. NOSIRU SAFARI (For themselves and on behalf of Agbaka Family of Ejigbo). APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs/ appellants of Agbaka Family sold land to the 1st defendant Agbaka family later broke into factions which sold land to the plaintiffs. The plaintiff sued and 1st defendant counterclaimed; judgment was given in favour of the 1st defendant. Plaintiffs appeal was dismissed at both Lower court and Supreme Court.
HELD
The Court held that the land was validly sold to the 1st defendant by the Agbaka Family.
ISSUES
Whether naming regard to the pleadings and the evidence the court of Appeal was right to decide as the high court did that the land was validly sold to the 1st defendant by the Agbaka family.
RATIONES DECIDENDI
CONCURRENT FINDINGS OF FACTS OF LOWER COURTS WILL NOT BE SET ASIDE EXCEPT WHERE IT IS PERVERSE
The settled law is that an appeal on concurrent findings of facts will not be overturned by an appellate court unless it has found that the findings are perverse or are supported by credible evidence and have resulted in miscarriage of justice- Per Niki Tobi. JSC. Pg. 59.
ONUS ON PLAINTIFF TO PROVE THE VALIDITY OF HIS TITLE
“The law is loud and clear that the burden of proof of title to land is on the plaintiff and he must discharge that burden to obtain judgment”
CASES CITED
Adiakpa vs. Nduka (2001) 14 NWLR Part 734 623 (2001) 11 SCM 16. etc. ?
STATUTES REFERRED TO
Evidence Act s. 132(1) ?
