CHIEF OJA OJAH & ORS VS CHIEF EYO OGBONI & ORS
July 4, 2025A.S. COKER VS ADEYEMI ADETAYO & ORS
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 82312
In the Supreme Court of Nigeria
Tue Jun 11, 1996
Suit Number: SC. 100/1990
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
NASIR, JUSTICE COURT OF APPEAL
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
1. CHIEF OJA OJAH2. CHIEF AJA EKE3. CHIEF EWA KANU4. CHIEF UFIA INYANG5. CHIEF IKANG INYANG6. UKEREKE UGO EGWU(For themselves and as representing Etono II Biakpan, Biase Development Council Area, Akamkpa Division) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Plaintiffs sought for an injunction restraining the defendants from entering a communal land.
HELD
On the whole, this appeal is without substance and same is hereby dismissed with costs to the respondents against the appellants which I fix at N1000.00
ISSUES
“(i) Has the Court of Appeal any jurisdiction to affirm the judgment of the trial court entered in favour of the Plaintiffs/Respondents having regard to the provisions of Section 40 of the Land Use Decree?(ii) Was the Court of Appeal right in affirming or upholding the judgment of the trial court having regard to the conclusions which it arrived at on the facts and evidence adduced at the trial?”
RATIONES DECIDENDI
ONUS OF PROOF
The law is settled that where a plaintiff leads evidence that the land in dispute is communally owned, the onus would shift to the defendant to establish that the land belongs to him exclusively.
Per IGUH, JSC
CASES CITED
Ntiaro v. Akpan (1918) 3 NLR. 10,Ikoku v. Ekeukwu (1995) 7 NWLR. (Pt. 410) 637,Abisi v. Ekwealor (1993) 6 NWLR. (Pt. 302) 643,Kodilinye v. Mbanefo Odu (1935) 2 WACA 336 Alao v. Ajani (1989) 4 NWLR. (Pt. 113) 1 at 17 andAlli v. Ikusebiala (1985) 1 NWLR (Pt. 4) 630.Salami v. Oke (1987) 4 NWLR. (Pt. 63) 1 at 16.See Onwuka v. Ediala (1989) 1 NWLR. (Pt. 96) 182 at 199 F & G. Udeakpu Eze v. Samuel Igiliegbe and others (1952) 14 WACA 61
STATUTES REFERRED TO
NONE
