MUSA V. HAMZA & 6 ORS
July 25, 2025EMMANUEL TAIWO AYENI & ORS V WILLIAM ABIODUN SOWEMIMO
July 25, 2025Legalpedia Citation: (1982) Legalpedia (SC) 81117
In the Supreme Court of Nigeria
Fri May 21, 1982
Suit Number: SC. 62/1981
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
PARTIES
CHIEF JACOB IBANGA AND ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
After the Biafran war, the plaintiffs’ claims against the defendants damages for trespass and entered upon that piece or parcel of the plaintiffs’ land known as Ebere-Otu Nsai Land (Alias Ebeto Nsai Land) which is a portion of Afaha Nsai Land situate in the Itu District of Uyo Province January, since January 1964
HELD
The Court held that this appeal succeeds and it is allowed. The decision of the Court of Appeal in this matter including the order as to costs dated 20th November, 1978, is set aside. The decision of Ete, J., (as he then was), dated 12th March, 1976, is hereby restored in its entirety. The appellants’ pleadings in the court of first instance are hereby amended to include a claim for perpetual injunction as embodied in the judgment dated 12th March, 1976
ISSUES
1. Was the Federal Court of Appeal correct in dealing with the case on the footing that there was no claim for perpetual injunction? 2. Was title to the disputed land in issue at the trial?
RATIONES DECIDENDI
PRESUMPTION OF OWNERSHIP
“It is no doubt the law that where possession is doubtful or equivocal the law attached it to title.” Irikefe, JSC.
INADMISSIBLE EVIDENCE
“A plaintiff must call evidence to support his pleadings, and evidence which is in fact adduced which is contrary to his pleadings should never be admitted.” Irikefe, JSC.
CASES CITED
1. Odunsi v. Kuforiji & Anor. 19 NLR p.7 2. Canvey Island Commissioners v. Preedy (1922) 1 Chancery p.179 was cited with 3. Ojiako & Ors. v. Ogueze & Ors. (1962) 1 All NLR p. 58. 4. Idahosa v. Oronsaye (1959) 4 FSC 166 at 171 5. Bada v. The Chairman L.E.D.B. S.C. 501/65 of 23rd June, 1967 6. Erinle v. Adelaja S.C. 332/1966 of 6th June, 1969 7. Ferdinand George v. U.B.A. (1972) 8/9 S.C. 264 at 275
STATUTES REFERRED TO
NONE
