MICHAEL IJUAKA V. COMMISSIONER OF POLICE
August 7, 2025JIMOH YESUFU V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 13101
In the Supreme Court of Nigeria
Fri Jun 4, 1976
Suit Number: SC. 171/1975
CORAM
ALEXANDER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
AMUSA DADA YEKINNI OYERO ASHIMI OROOTAN (for themselves and as the accredited representatives of Igando Community) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants sued the respondents at the lower court for declaration of title over the Igando Community land. Both families asserted that they the exclusive descendants of the settler of the community. The plaintiffs maintained that since they sued on behalf of the community, the onus is on the defendant to prove the contrary.
HELD
The court held that since the claims of the parties are mutually exclusive, then the onus lies on the plaintiffs to prove that they are entitled to the declaration.
ISSUES
Whether or not the trail judge has not misdirected himself in law and on the facts when he held that the onus of proof was not on the defendants but on the plaintiffs who in their Writ of Summons, Statement of Claim, and in their evidence before the court claimed the land in dispute for the Igando Community.
RATIONES DECIDENDI
ONUS OF PROOF OF OWNERSHIP OF LAND
The plaintiff who is claiming a declaration still has to prove his case… A. G. IRIKEFE, JSC
CASES CITED
Eze v. Igiliebe & 5 Ors.14 WACA p.61
STATUTES REFERRED TO
None.
