CORAM

M. L. UWAIS CHIEF JUSTICE OF NIGERIA A. B. WALI JUSTICE, SUPREME COURTI. L. KUTIGI JUSTICE, SUPREME

PARTIES

ANTHONY ARUNA BRAIMAH APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff applied to the LEDB for a plot of land, which was allocated to her. The purchase price was paid through her husband, a lawyer who throughout acted as the plaintiff’s agent. The land was conveyed to her by a deed of conveyance which she registered as title in the Lagos register of titles. Upon her husband’s death; that she has separated from, the document of titles could not be found among his papers though the plaintiff had kept it with him. The plaintiff caused a search to be made at the Lands Registry where it was discovered that the owner of the title deeds had sold to a 3rd party who in turn had sold to the 1st defendant, the plaintiff’s action culminating in this appeal is against the 1st defendant and Registrar of titles.

HELD

It was held that all evidence advanced in favour of the 1st defendant fails, the appeal therefore fails.

ISSUES

1. Whether the appellant is a bona fide purchaser for value of the legal estate.2. Whether the appellant has established the existence of a person with names identical to the respondent’s Alhaja Nimota Abiola Abegbe Abasi.3. Whether an allegation of fraud, in the circumstances of this case, must be proved beyond reasonable doubt.”

RATIONES DECIDENDI

BURDEN OF PROOF IN CIVIL CASES

It is trite law that civil cases are decided on a preponderance of evidence; the onus of adducing further evidence is on the party who would fail if such evidence: were not produced. Per Michael E. Ogundare J.S.C.

CASES CITED

Nwabuoku v. Ottih (1961) 1 All NLR 487, 490; (1961) ANLR 507, 511; (1961) 2 SCNLR 232, 235Aikhionbare v. Omoregie (1976) 12 SC. 11Okupe v. Ifemebi (1974) 3 SC. 97Atane v. Amu (1974) 10 SC 237.Odulaia v. Haddadd (1973) 11 SC 357?

STATUTES REFERRED TO

EVIDENCE ACT

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