IRABOR OVIAWE VS INTEGRATED RUBBER PRODUCTS NIGERIA LIMITED & ANOR
July 4, 2025JOHN ANDY SONS & CO LTD. VS NATIONAL CEREAL RESEARCH INSTITUTE
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 86131
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Feb 27, 1997
Suit Number: SC.220/1992
CORAM
M.L. UWAIS
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
O. OLATAWURA JUSTICE, SUPREME COURT
A.B. WALI
PARTIES
ANTHONY IDESOHAMONE IDESOH (For themselves and on behalf of Egborodje Family of Igbbudu) APPELLANTS
CHIEF PAUL ORDIASUMBREIRO PROPERTIES LTD.MADAM A. ONOMIRUREN (For herself and on behalf of Onomiruren Family of Enerhen)AMOS AYORO ONOMUOHOR(For himself and on behalf of Onomuohor Family of Enerhen)JOHN NOKOHWO(For himself and on behalf of Ekrugho Family of Enerhen)SAMSON OMOREOJO(For himself and on behalf of Onorume Family of Enerhen) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
LAND LAW, TITLE TRADITIONAL HISTORY, TRESPASS
SUMMARY OF FACTS
The appellants claim against the respondents were; as against the 1st, 3rd, 4th, 5th and 6th defendants jointly and severally damages for trespass an order for perpetual injunction restraining the said defendants, their agents, servants, and privies from committing any further acts of trespass on the plaintiffs’ piece of land aforesaid. As against the second defendant only an order for perpetual injunction restraining it, from committing any acts of trespass thereon.”
HELD
The appeal has no merit. The judgment of the court below affirming the judgment of the learned trial Judge is hereby confirmed. The appeal is hereby dismissed with N1, 000.00 costs to the respondents.
ISSUES
“(1) Whether the Court of Appeal was right in rejecting the appellants’ complaint about the manner in which the learned trial Judge rejected a document offered by them in evidence. (2) Whether the Court of Appeal could rightly hold that the appellants did not prove any acts of possession on the land in dispute.”
RATIONES DECIDENDI
PROOF OF POSSESSION IN TRESSPASS
Where a plaintiff claims damages for trespass and injunction and the defendant alleges that the land belongs to him, the plaintiff, in order to succeed, has to prove not only that he was in possession of the land when the trespass was committed on it but also that his own title to the land in dispute is better than that of the defendant.
TRADITIONAL HISTORY CAN SUPPORT A CLAIM FOR DECLARATION OF TITLE
There are different ways or methods of acquiring title or ownership of land. Evidence of traditional history is one of them, if evidence of traditional history is not contradicted or in conflict and found by the court to be cogent, it can support a claim for a declaration of title.
AVERMENTS IN PLEADINGS
It is not enough for a party to make averments in pleadings. Averments which on the face of them appear impressive are useless if no evidence is led to prove them Mere averment in pleadings without proof of the fact pleaded is no proof if the averment is not admitted.
CASES CITED
Ogunbiyi v. Adewunmi (1988) 5 NWLR (Pt.93) 215Amakor v. Obiefuna (1974) 3 SC 67. Ogbechie v. Onochie (1988) 1 NWLR (Pt.70) 370Olujebu of Ijebu v. Osho (1972) 5 SC 143.Kojo II v. Bonsie (1953) 14 WACA 242;Motunwase v. Sorungbe (1988) 5 NWLR (Pt. 92) 90.
STATUTES REFERRED TO
Not Available.|
