ABEL O. WOLUCHEM V. DR. CHARLES INKO-TARIAH WOKOMA
August 12, 2025ADAMA DIPCHARIMA & ANOR VS ALHAJI UMAR ALI & ANOR
August 12, 2025Legalpedia Citation: (1974-03) Legalpedia (SC) 15117
In the Supreme Court of Nigeria
Fri Mar 29, 1974
Suit Number: SC 223/1972
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE,JUSTICE SUPREME COURT
PARTIES
CHIEF M. A. OKUPE
APPELLANTS
B. O. IFEMEMBI
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION OF TITLE TO LAND/ EVIDENCE- SECTION 129 OF THE EVIDENCE ACT / DAMAGES
SUMMARY OF FACTS
The appellant at trial gave evidence to the effect that he purchased the land in dispute from someone who testified that he too purchased from the Oloto Chieftaincy family. Though the respondent claimed his root of title to the same owner, he rested his case on that of the appellant.
HELD
The court held that the appellant had discharged the onus of proof on him to be entitled to a declaration of title to the land.
ISSUES
Whether the lower court was right when it dismissed the appellants case on the ground that he failed to establish title to the land in issue.
RATIONES DECIDENDI
ASSESSMENT OF AWARD
Even if in a claim for damages the trial court or tribunal found against a plaintiff, an assessment of the relevant award should be made by the trial court or tribunal so that if such a plaintiff succeeds on appeal there will be no difficulty in settling the necessary figures of an award and the necessity of sending back the case for such an assessment would be obviated. Per Coker J.S.C
POSSESSION
Where the defendant is a trespasser the remedy of injunction is a complete answer to his act of ouster for by his mere entry on the land the trespasser does not obtain the necessary possession on which to found a claim for recovery. Per Coker J.S.C
CASES CITED
Thomas v. Preston Holder (1946) 12 WACA 78
STATUTES REFERRED TO
The Evidence Act
