DARE KADA VS THE STATE
July 11, 2025OWONIBOYS TECHNICAL SERVICES LTD. VS JOHN HOLT LIMITED
July 11, 2025Legalpedia Citation: (1991-10) Legalpedia 03640 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Oct 4, 1991
Suit Number: SC. 23/1989
CORAM
W. S.ONNOGHEN JUSTICE, SUPREME COURT
M.L. UWAIS – JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE – JUSTICE, SUPREME COURT
S. KAWU – JUSTICE, SUPREME COURT
S.M.A. BELGORE – JUSTICE, SUPREME COURT
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA ABUBAKAR BASHIR WALI, JUSTICE, SUPREME COURT IDRIS LEO
MOHAMMED BELLO – JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE SUPREME COURT
M.L. UWAIS, JUSTICE SUPREME COURT
A.G. KARIBI-WHYTE, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
S.M.A. BELGORE, JUSTICE SUPREME COURT
E.O. I. AKPATA, JUSTICE SUPREME COURT
P.K. NWOKEDI, JUSTICE SUPREME COURT
PARTIES
CHIEF G. A. TITILOYE AND ORS
APPELLANTS
CHIEF J. OMONIYI OLUPO AND ORS
RESPONDENTS
AREA(S) OF LAW
LAND LAW – PROOF OF STATUTORY AND CUSTOMARY RIGHT OF OCCUPANCY-PLEADINGS-LAND USE ACT.
SUMMARY OF FACTS
The appellants sought a declaration that they were the persons entitled to a grant of customary or statutory right of occupancy over the land in dispute and an order to void the certificate of occupancy issued to 2nd respondent by the 4th and 5th respondents.
HELD
The Court held that that the appellants had woefully failed to discharge the burden of proof upon them, consequently the trial court and the Court below were absolutely right in dismissing their claims.
ISSUES
1. Whether a Governor can grant a Certificate of Occupancy to another party when the Local Government had granted customary right of occupancy on the same land without first revoking the latter, think the answer can be found in S.9(1) of the Land Use Act which says:
2. Whether there was an admission in the pleadings of the respondents which could have entitled the appellants to the Judgment of the court
RATIONES DECIDENDI
POWERS OF THE GOVERNOR UNDER THE LAND USE ACT
It is clear that paragraph (b) of Sections 9(1) empowers a Military Governor to issue a statutory right of occupancy to a person who is already in occupation of land under a customary right of occupancy. In my view it is not the law that the customary right of occupancy enjoyed by such a person must be first revoked before he can be granted a statutory right of occupancy, and this is because upon such a grant all existing rights on that parcel of land are automatically extinguished. Per S. Kawu JSC
ADMISSION IN PLEADINGS
To determine whether there is an admission in pleadings one must look at the respondents’ pleadings as a whole and not just consider each paragraph in isolation. Per S. Kawu, JSC
CONDITIONS PRIOR TO THE COURT’S EXERCISE OF DISCRETION
In a declaratory action like this one in which the appellants wanted the courts to exercise its discretion in their favour, they were under a duty to adduce cogent and credible evidence to justify the exercise of that discretion and they cannot merely rely on the admissions in the pleadings. Per S. Kawu JSC
CASES CITED
Vincent I.Bello v. Magnus A. Eweka (1981) 1 SC. (Reprint)63;(1981) Vol.12 NSCC.48 at 61, (1981)1 SC. 101
Pan Asian African Co. Ltd. v. National Insurance Co. (Nig.) Ltd.(1982)9 SC.(Reprint)1;(1982)9 SC.1 p
STATUTES REFERRED TO
Land Use Ac 1978.
