AYUWE LONGE VS ALICE ADEYEBI AJAKAIYE
September 4, 2025UMARU GWANDU VS N.A GWANDU
September 4, 2025Legalpedia Citation: (2022-02) Legalpedia 31825 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Nov 12, 1962
Suit Number: SC 296/1961
CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
GABRIEL OKWARANYIA AND ORS. (for themselves and on behalf of the four families of ABUKWA-UMUOBOM)
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE-WEIGHT OF EVIDENCE—VISIT TO LOCUS IN QUO
SUMMARY OF FACTS
The plaintiffs/respondents sued the defendant/appellants claiming for a declaration of title as to the land in dispute, damages for trespass and an injunction restraining them against further trespass.
HELD
On these grounds I would dismiss the appeal with costs assessed at 20 guineas.
ISSUES
First it is said that the Judge came to a wrong conclusion in holding that the Abukwa family owned any land to the South of the Okwa stream apart from the por-tion already referred to, and in particular that he made a wrong use of evi-dence given by two witnesses from Okohia in arbitration proceedings con-cerning that portion of land which took place between the respondents and a third family in 1932.
Secondly it is said that even if it is established that the Abukwa owned other land to the South of the stream the southern boundary is not proved with sufficient precision to justify the grant of a declaration of title.
RATIONES DECIDENDI
WEIGHT OF EVIDENCE
As admissions by persons from whom the parties to the suit have derived their interest in the subject matter of the suit, or under s. 33(c) as statements against proprietary interest made by persons now dead. Per BRETT F.J.
CASES CITED
R. v. Dogbe, 12 W.A.C.A. 184
Nwizuk v. Eneyok, (1953) 14 W.A.C.A. 354
Buckingham v. Daily News Ltd. (1956) 2 Q.B. 534
STATUTES REFERRED TO
The Evidence Act
