Legalpedia Citation: (2014-02) Legalpedia (SC) 81334
In the Supreme Court of Nigeria
Fri Feb 28, 2014
Suit Number: SC.247/2005
CORAM
KUDIRAT MOSUNMOLA OLASOKUNBO KEKERE-EKUN
JOHN IYANG OKORO?
PARTIES
CHUKWUEMEKA ANYAFULUSAMUEL UMUNNAJONATHAN UDEKWEEDWIN EKWUNOCHARLES ADIEME APPELLANTS
MADUEGBUNA MEKA AND 5 ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs instituted this suit in a representative capacity against the Defendants in a representative capacity, claiming that the land in dispute is communally owned by both parties through inheritance. The Defendants on their part claimed absolute ownership to the land. The suit was heard and the trial court non-suited the Plaintiffs and declined to make any finding of fact on the evidence adduced by the parties. Both parties appealed and the Defendants appeal was treated as the main appeal. The lower court allowed the appeal on the issue of non-suit since the parties were not invited to address the trial judge before it was made and dismissed the cross-appeal. The Plaintiffs have now appealed to this court.
HELD
Appeal Dismissed
ISSUES
1. Whether the learned Justices of the Court of Appeal were right in dismissing the appellants’ case for insufficiency or inadequacy of pleadings in support of their traditional history when the pleadings were sufficient to support the appellants’ traditional history and warrant a declaration of title in their favour?
2. Whether the failure of the court below to consider the acts of ownership and possession pleaded by the plaintiffs/appellants before it dismissed the appellant’s case for insufficiency of pleadings of their traditional history did not constitute a breach?
RATIONES DECIDENDI
COUNTER CLAIM-WHETHER THERE EXIST A BURDEN ON A DEFENDANT WHO HAS NOT COUNTER CLAIMED
“There is no burden on a defendant who has not counter claimed to establish his title. PER KEKERE-EKUN
EVIDENCE-NEED FOR PLAINTIFF TO SUCCEED ON THE STRENGTH OF HIS CASE AND NOT ON THE WEAKNESS OF THE DEFENCE-EXCEPTION THEREOF
“The principle that a plaintiff must succeed on the strength of his case and not on the weakness of the defence, though in an appropriate case, a plaintiff can rely on the weakness of the defence to establish his claim. Where that exception operates it must be seen clearly that the case of the defence, which constitutes its weakness, supports the facts pleaded by the plaintiff otherwise it is worthless, as same would have no evidential value”. PER ONNOGHEN
OWNERSHIP OF LAND-WHERE A PARTY FAILS TO GIVE SUFFICIENT INFORMATION IN HIS PLEADINGS- HOW TREATED
“Where a party has not given sufficient information in his pleadings as regards the origin or ownership of the land and the line of succession to himself, he has just laid foundation for the failure of his claim”. PER OKORO JSC
PLEADINGS-LACK OF-WHETHER INVOLVES EVALUATION OF EVIDENCE
“The issue of lack of pleading or insufficiency of pleadings and leading of evidence do not involve evaluation of evidence neither would such evaluation involve a consideration of the credibility of witnesses by the appellate court which is the province of the trial court”. PER ONNOGHEN
CASES CITED
Adekanbi Vs Jangbon (2007) ALL FWLR (383) 152 @ 160 G: 163 E & 165 D – FAdesanya Vs Aderonmu (2000) 13 WRN 104 at 115 lines 10 – 35Alli Vs Aleshinloye (2000) 4 SCN3 264 at 284 – 285Alikor Vs Oawo (2010) 15 NWLR (1187) 281 at 309 D – FAtanda V. Ajani (1989) 3 NWLR (pt. Ill) 511Balogun vs Akanji (1988) I NWLR (Part 70) 301Ebosie Vs Phil-Ebosie (1976) 7 SC 119:Ekpendu vs Erika (1959) SCNLR 186Ekpo vs Ita (1932) II NLR 68;Elegushi Vs Oseni (2005) 14 NWLR (945) 348Eze Vs Atasie (2000) 9 WRN 73 at 88George Vs Dominion Flour Mill Ltd. (1963) 1 ALL NLR 71Hyacinth Anyanwu V. Robert Achilike Mbara & Anor 1992) 6 SCNJ 90,Idundun V. Okumagba (1976) 9 – 10 Sc 224,Nkado vs Ebiano (1997) 5 NWLR (Part 503) 31;Nwokorobia Vs Nwoou (2009) 10 NWLR (1150) 553:Ohiaeri Vs Akabueze (1992) 2 NWLR (221)1:Onwugbufor Vs Okove (1996) 1 NWLR (424) 252:Piaro Vs Tenalo (1976) 12 S.C. 31 at 40 and 42Shell B.P. Vs Abedi (1974) 1 SC 23:Shittu Vs Fashawe (2005) 14 NWLR (946) 671
STATUTES REFERRED TO
None