CORAM

PARTIES

BARDE EGWA APPELLANTS

MOSES CIROMA EGWA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent instituted an action against the Defendant/ Appellant at the High Court of Minna, Niger State seeking a declaration that the Plaintiff/ Respondent was the rightful owner of the piece and parcel of land lying, being and situate at Egwa in Shiroro Local Government Area of Niger State and that the Defendant/Appellant has trespassed on the said land. The Defendant/Appellant raised a preliminary objection on the ground that the trial Court has no jurisdiction to entertain the Plaintiff/Respondent’s suit on the ground that the subject matter of the suit was not classified as urban land thus divesting the High Court of original Jurisdiction to entertain it.  The trial Court dismissed the said notice of preliminary objection and due to the fact that the learned trial judge died, the suit was transferred to another court where trial started de novo. The trial Court, after close of evidence, allowed the Plaintiff/Respondent to amend its pleadings. The trial Court finally entered judgment in favour of the Plaintiff/Respondent. Dissatisfied with the trial Court’s judgment, the Defendant/Appellant appealed to the Court of Appeal.?

HELD

Appeal Dismissed?

ISSUES

Whether a plaintiff in a claim for declaration of title to land is entitled to judgment even where he failed to adduce evidence as to the founder of the land or the identity of the person who first cultivated thereat while relying on traditional history to prove his claimWhether the issue of Res Judicata was properly and legally raised by the respondent and proved by the respondent at the trial or whether the issue was abandoned at the trial.Whether the lower court was right in awarding damages for trespass and whether possession was all issue.Whether the learned trial Judge was right to have granted the respondent’s application to amend his statement of claim at the time it did?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Court of Appeal ActEvidence ActSupreme Court Act Cap 424 of the Laws of the Federation 1990

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