CORAM

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BELLO, JUSTICE SUPREME COURT

OBASEKI, JUSTICE SUPREME COURT

NNAMANI, JUSTICE SUPREME COURT

KARIBI-WHYTE, JUSTICE SUPREME COURT

OPUTA, JUSTICE SUPREME COURT

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PARTIES

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CHIEF EBENEZER AWOTE & ORS

APPELLANTS 

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SUNMOLA KADIRI OWODUNNI & ANOR

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW- PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The Appellants claim for declaration, damages for trespass and injunction was dismissed by the Customary Court Grade A at Ijebu-ode, and it led to an appeal at the High Court which was allowed. The respondents aggrieved, appealed to the court of appeal which allowed it. The Appellants again dissatisfied and aggrieved have now appealed to the Supreme Court of Nigeria.

 

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HELD

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Allowing the appeal and ordering a retrial.

 

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ISSUES

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Not Available

 

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RATIONES DECIDENDI

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ONUS ON PLAINTIFF/CLAIMANT ASKING FOR A DECREE OR DECLARATION OF TITLE

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There is no doubt that the onus – (and a very heavy onus it is) is on a plaintiff/claimant asking for a decree or declaration of title to show clearly the area of land to which his claim relates.The plaintiff can do this by such oral description of the land that any Surveyor acting on such description can produce a plan of the land he claims Per Oputa JSC

 

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PROOF OF IDENTITY AND EXTENT OF LAND

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Another and perhaps better way of proving the identity and extent of the land claimed is by filing a plan reflecting all the features of the land and showing clearly the boundaries. Per Oputa JSC

 

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PROOF OF BOUNDARY

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Where the parties own land along a common boundary, it is necess-ary to show and prove the precise boundary features along that common boundary. Per Oputa JSC

 

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ONUS FOR DECLARATION OF TITLE

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In an action for declaration of title the onus is on the claimant to show clear title. If for any reason he fails to do that – like failure to establish precise boundaries as in this case – his claim fails. Per Oputa JSC

 

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CASES CITED

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Kojo v. Bonsie (1957) 1 W.L.R. 1223 at pp.1226/1227

Baruwa v Ogunshola (1938) 4 W.A.C.A. 159

Kwadzo v. Adjei (1944) 10 W.A.C.A. 274

Udofia AND anor v. Afia AND Ors. (1940) 6 W.A.C.A. 216.

Udekwu Amara v. Udogu Modekwu (1954) 14 W.A.C.A. 580

Okorie v. Udom 7 ors. (1960) 5 F.S.C. 162.

Aduke AND anor. v. Aiyelabola (1942) 8 W.A.C.A. 43 at p.45

Akinola AND anor. v. Oluwo AND ors (1962) W.N.L.R. 133 at p.134

J. M. Kodilinye v. Mbanefo Odu (1935) 2 W.A.C.A. 336 at pp. 337/338

Akinola & anor. v. Oluwo& Ors. (1962) W.N.L.R. 133 at p.134

 

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STATUTES REFERRED TO

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Supreme Court Act No. 12 of 1960

Supreme Court Rules 1985

 

 

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