MICHAEL ALOR VS THE STATE
July 3, 2025ALHAJI TIJANI SALAMI VS CHIEF SURAKATU GBODOOLU & ORS
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 11721
In the Supreme Court of Nigeria
Fri Apr 11, 1997
Suit Number: SC. 62/1991
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT
PARTIES
ALHAJI TIJANI SALAMI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/respondent sued the defendants/appellants over a land in dispute, that they be declared entitled to the Right of Occupancy. The Trial Court gave judgment in favour of the defendants. Being dissatisfied, the plaintiff appealed. The Court of Appeal upheld the appeal and ordered a retrial. The defendants being dissatisfied have appealed to this Court.
HELD
The appeal succeeds. The judgment of the Court of Appeal dated 12th July, 1989 is hereby set aside. In its place is restored the judgment of the learned trial Judge dated 18th December, 1985. The appellant is awarded N300 as costs in the court below and N1,000.00 as costs in this court.
ISSUES
“Whether from the totality of the evidence adduced at the trial, the respondents discharged the onus of proof necessary to entitle them to the reliefs claimed.”
RATIONES DECIDENDI
IMPORTANCE OF PROOF OF TRADITIONAL HISTORY
If a plaintiff who claims for statutory right of occupancy fails to establish or prove his claim by evidence of traditional history or by proof of acts of ownership and/or possession, his claim is liable to be dismissed. Per ADIO JSC
CASES CITED
Kodilinye v.Odu (1935) 2 WACA 336Imah v.Okogbe (1993) 9 NWLR (Pt.316) 159Makanjuola v. Balogun (1989) 3 NWLR (Pt.108) 192Abisi v. Ekwealor (1993) 6 NWLR (Pt.302) 643Abiodun v. Fasanya, (1974) 11 SC 61, at Pp. 76 & 77Ojibah v. Ojibah. (1991) 5 NWLR (Pt. 191) 296Olujebu of Ijebu v.Oso (1972) 5 SC 143Atanda v. Ajani (1989) 3 NWLR (Pt. III) 511Motunwase v. Sorungbe (1988) 5 NWLR (Pt.92) 90Anyaduba v. Nigerian Renowned Trading Co. Ltd. (1992) 5 NWLR (Pt.243) 535Dibiamaka v. Osakwe (1989) 3 N WLR (PI.107)101Elias v. Disu & Anor. (1962) 1 All NLR 214;(1962) 1 SCNLR 361
STATUTES REFERRED TO
The Evidence Act
