NARINDEX TRUST V NIGERIAN INTER-CONTINTENTAL MERCHANT BANK LIMITED
June 24, 2025BEN JEKPE & ANOR V CHIEF (DR.) S.T. ALOKWE & ORS
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 11441
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Apr 19, 2001
Suit Number: SC 237/1990
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE
IDRIS LEGBO KUTIGI
SYLVESTER UMARU ONU
JUMMAI HANNATU SANKEY JCA
EMMANUEL OLAYINKA AYOOLA
PARTIES
ANTHONY IBHAFIDON APPELLANTS
SUNDAY IGBINOSUN RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed title to the land in dispute through the approval of the Oba of Benin but did not prove that the land in respect of which the approval was obtained was the land in dispute.
HELD
The court held that his case was rightly dismissed by the lower courts.
ISSUES
Whether the Court of Appeal was right when it held that the Plaintiff has not succeeded in showing that the land in dispute as shown in Exhibit F, is the very piece of land allotted to him in 1973 or that the plan in Exhibit F is the same as the plan in exhibit B which conveyed the land to the Plaintiff.
RATIONES DECIDENDI
WHEN THE SUPREME COURT CAN INTERFERE WITH CONCURRENT FINDINGS OF FACT
Ordinarily this court ought not lightly depart from concurrent findings of fact of the two lower courts because it has no opportunity of seeing and listening to the witnesses testify. But where it is manifest that those concurrent findings were based on a wrong perspective of the case, this court has not only the right but the duty to interfere on the issues of fact-
ONUS ON PLAINTIFF TO PROVE IDENTITY OF LAND
Where the identity of a parcel of land remains disputed, the burden is undoubtedly on the plaintiff to establish same –
CASES CITED
1. Balogun & Ors v. Agboola) (1974) 1 All NLR. 66,|2. Ebba v. Ogodo (1984) 4 S.C. 84
STATUTES REFERRED TO
Not Available|
