CORAM
OPUTA, JUSTICE, SUPREME COURT
KARIBI – WHYTE, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
CHIEF MRS. F. AKINTOLA & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed ownership of the land by vIrtue of grant, the land was later demarcated by D.G. Dedeke into four portions and that the defendants were trespasses
HELD
The Court held that the appeal is dismissed and the decision of the Court below is hereby affirmed.
ISSUES
1. Whether, on the evidence of the Respondent alone, she was entitled to judgment on the claim for declaration of title, there being no evidence of title in the Ataoja Latona II when he purported to make a grant of land to the late D. G. Dedeke and no evidence of their being witnesses to the alleged grant; 2. Whether the Respondent proved possession and/or acts of ownership to the land in dispute sufficient to entitle her to judgment on her claims;
RATIONES DECIDENDI
POSSESSION IS NOT CONCLUSIVE PROOF OF OWNERSHIP
“Once there is a finding of possession in favour of the plaintiff the onus was on the defendants to prove better title in order to justify their subsequent entry.” Coker JSC.
DUTY OF TRIAL JUDGE
“The duty of the trial judge was to compare the relative strength of the case of both parties and to decide the case on the preponderance of evidence or balance of probabilities.” Coker JSC.
CASES CITED
1. Adekunle Coker v. Albert Farlat 14 W ACA. 216, p.218
2. Lewis, Peat (N.R.I.) v. Akhiemen (1976) 7 S.C. 157
3. Onyekaonwu and Ors. v. Ekwubiri (1966) 1 All N.L.R. 32, 34-35
4. Lawal v. Ijale (1967) N .M.L.R. 155,157
5. Mrs. S.A. Kareem and Ors. v. David O. Ogunde (1972) 1 All N.L.R. (Pt. 1) 73, p.76
6. Abdul Kareem v. Daniel Fajebe (1968) N.M.L.R. 151
7. Anukanti v. Ekwonweaso (1978) 1 SC.37.
8. Lion Buildings Ltd. v. M.M. Shadipe (1976) 12 S.C. 135.
9. Alhaji L.A. Onibude and Ors. v. Alhaji A.W. Akibu and Ors. (1982) 7 S.C. 60,89.
STATUTES REFERRED TO
Land Instruments Registration Law of Western Region Cap.