EMOGA V THE STATE
July 2, 2025STEPHEN EMOGA VS THE STATE
July 2, 2025Legalpedia Citation: (1997) Legalpedia (SC) 19018
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 17, 1997
Suit Number: SC.111/1990
CORAM
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
U. MOHAMMED
A.I. IGUH
PARTIES
CLAY INDUSTRIES (NIGERIA) LTD APPELLANTS
ADELEYE AINASHOLA IDOWUJ.O. TALABIE.I. PITAN (Trading under the name and style of Idland Contract and Supply Company) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
Land dispute where the parties derived their title from the same owner.
HELD
Appeal allowed, judgement of the Court of Appeal was set aside, while judgement of High Court was restored.
ISSUES
Whether, having regard to the fact that both parties relied on a common root of title, namely, the Ajose family, the respondents succeeded in discharging the burden of proving a better title to the land in dispute.
RATIONES DECIDENDI
BURDEN OF PROOF
The plaintiff must rely on the strength of his case and not on the weakness of the defendant’s case. If this onus is not discharged, the weakness of the defendant’s case may not generally help him and the proper judgment will be for the defendant
ROOT OF TITLE
The law is well settled that in a claim for declaration of title to land where one of the parties has established a root of title emanating from an agreed original owner, the burden cast upon the other party is clearly substantial
CASES CITED
Raphael Agu v. Christian Ikewibe (1991) 3 NWLR (Pt.180) 385|Ogbuanyinya v. Obi Okuda (No.2) (1990) 4 NWLR (Pt.146) 551 at 567|Anie v. Uzorka (1993) 8 NWLR (Pt.309) 1|Kodilinye v. Mbanefo Odu 2 WACA 336 at 337|Ayitey Cobblah v. Tetty Gbeke (1947) 12 WACA 294 at 295,|Wollichem v. Gudi (1981) 5 SC 291; C (1962) 1 SCNLR|Oduaran and others v. Asarah and Others (1972) 1 All NLR (Pt.2) 137,|Akintola v. Oluwo (1962) 1 All NLR 224 at 225|Shitta-Bey v. Federal Public Service Commission (1981) 1 SC 40,|Saude v. Abdullahi (1989) 7 SCNJ 216 at 229; (19H9)4 NWLR (Pt.116) 387|Chief Ebba v. Chief Ogodo v. Another (1984)4 SC 84 at 112; (1984) 1 SCNLR 372|Florence Olusanya v. Olufemi Olusanya (1983) 3 SC 41 (1983) 1 SCNLR 134 at 56-57|Metalimspex v. A.G. Leventis and Co. Ltd. (1976) 2 SC 91.|Raimi Sanni and Another v. Jimoh Oki and Another (1971) 1 All NLR 116.|Thomas v. Preston Holder (1946) 12 WACA 78.
STATUTES REFERRED TO
Not Available.|
