CORAM

SAMSON ODEMWINGIE UWAIFO, JUSTICE SUPREME COURT

DENNIS ONYEJIFE EDOZIE, JUSTICE SUPREME COURT

PARTIES

CHRISTIAN EWO & 3 ORS. APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff claimed communal ownership of the land in dispute with the defendants on the basis of traditional history which were not pleaded.

HELD

The court held that the plaintiffs did not prove their case and that the matter ought to have been dismissed.

ISSUES

1. Whether the Court of Appeal was right in coming to the conclusion that the Plaintiffs pleaded and proved traditional history which ought to be accepted if the Defendants did not plead and prove another version of traditional history.2. Whether the Court of Appeal was right to have shifted the onus of proof of ownership on the Defendants, and if it was not, what is the effect of such an error.

RATIONES DECIDENDI

CASES CITED

1. AKINOLYE & ANOR. V. BELLO EYIYIOLA (1968) N.M.L.R. 92,2. ADEJUMO V. AYANTEGBE (1989)3 N.W.L.R. (PT. 110) 447).3. OKE BOLA V. MOLAKE (1975) 12 S.C 61,4. EMEGOKWE V. OKADIGBO (1973) 4 S.C. 113

STATUTES REFERRED TO

NONE

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