CORAM
ANTHONY OKECHUKWU IGUH JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
M.E. OGUNDARE – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT
UWAIS JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
U. MOHAMMED JUSTICE, SUPREME COURT
S.U. ONU JUSTICE, SUPREME COURT
PARTIES
BENEDICT AGWUNEDU & ORS.
APPELLANTS
CHRISTOPHER ONWUMERE
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE
SUMMARY OF FACTS
In a representative action, instituted and filed in the High Court, the respondent, in the appeal claimed against the appellant, a declaration of title to that piece or parcel of land, general damages for trespass into plaintiff’s Ala Emenaugha, and an injunction to restrain the defendant’s servants/agents from further acts of trespass to the said land. The trial judge, found that the respondent had failed to prove his claim and it was dismissed. On appeal, the Court of Appeal allowed the appeal and, in an apparent contradiction, the court of appeal declared that the respondent was entitled to both customary and statutory right of occupancy over the land. Dissatisfied with that decision the appellant appealed to the Supreme Court.
HELD
The appeal succeeded and it was allowed. The judgment of the Court of Appeal, was set aside. The judgment of Imo State High Court was restored.
ISSUES
1. Whether the court below was correct in holding that the defendant did not deny the plaintiff’s allegation that the land on which he now resides was one time pledged to one Mbahaotu of the defendants’ people, and the defendant cannot rely on Exhibit C in support of transaction of sale.
2. Whether the trial court was precluded from accepting the evidence relating to sale of the aforementioned.
3. Whether the orders made by the court in favor of the plaintiff can be justified.
RATIONES DECIDENDI
A PARTY MUST MAKE HIMSELF PERFECTLY CLEAR IN HIS CLAIM
“Whether a party denies or does not admit he must make it perfectly clear how much he disputes and how much he admits. However where particulars given by a party are insufficient under the Civil Procedure Rules the court, or on the application of either party, may order particulars of any claim, defense or any matter pleaded to be given.” Per MOHAMMED, J.S.C.
CASES CITED
STATUTES REFERRED TO