ISE IBU OJO V. THE STATE
August 14, 2025WILLIE YADA VS THE STATE
August 14, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11117
In the Supreme Court of Nigeria
Fri Nov 23, 1973
Suit Number: SC. 278/1973
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
CHIEF LAITO AJAGBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent brought an action against the appellant at the trial court for declaration of title to land, possession and injunction
HELD
The court held that the appeal succeeds and accordingly allowed it
ISSUES
Whether the western state court of appeal considered the grounds which the appellant argued before it
Whether the appellant was sued in a representative capacity
Whether the court of first instance had reviewed the evidence before it
Whether the high court was in error to have held that although the plaintiff had failed to establish title by traditional evidence, yet he had established title by user and possession
RATIONES DECIDENDI
ON WHETHER PLAINTIFF CAN RELY ON THE WEAKNESS OF THE DEFENDANTS CASE FOR A DECLARATION OF TITLE
The plaintiff in this case must rely on the strength of his own case and not on the weakness of the defendants case. If this onus is not discharged, the weakness of the defendants case will not help him and the proper judgment is for the defendant, he not having sought the declaration- ELIAS, CJN
CLAIM TO EXCLUSIVE OWNERSHIP OF THE LAND IN DISPUTE
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CLAIM TO EXCLUSIVE OWNERSHIP OF THE LAND IN DISPUTE
In these cases the onus lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to a declaration of title.- ELIAS, CJN<foo< p=””></foo<>
WHERE ONUS LIES FOR A DECLARATION OF TITLE
In these cases the onus lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to a declaration of title.- ELIAS, CJN
ON WHETHER PLAINTIFF CAN RELY ON THE WEAKNESS OF THE DEFENDANTS CASE FOR A DECLARATION OF TITLE
The plaintiff in this case must rely on the strength of his own case and not on the weakness of the defendants case. If this onus is not discharged, the weakness of the defendants case will not help him and the proper judgment is for the defendant, he not having sought the declaration- ELIAS, CJN<foo< p=””></foo<>
CASES CITED
Daniel Odeyinka and others v. Ogunjimi (For Lujumo family) Suit No. CAW/9/68 delivered on June 26, 1968
Taiwo v. Ogunsanya (1967) NMLR 375, at p. 379
Oduyoye v. Oshodi (1972) WACA Vol. 1, p. 15, at p. 30
Udegbe and Ors. v. Nwokafor (1963) 1 All NLR 417 at p. 419
Okunola v. Oluwo (1962) WNLR 133
Agededugu v. Ajenifuja (1963) 1 All NLR 109, at p. 114.
Adenle v. Oyegbade (1967) NMLR 136.
STATUTES REFERRED TO
Evidence Act
