ANTHONY ISIBOR V. THE STATE
June 19, 2025SEGUN BALOGUN V. ATTORNEY-GENERAL OF OGUN STATE
June 19, 2025Legalpedia Citation: (2002) Legalpedia (SC) 87185
In the Supreme Court of Nigeria
Mon Feb 25, 2002
Suit Number: SC.172/1996
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
PARTIES
CYPRAIN ONWUAMA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed that the appellant was a customary tenant of the land in dispute in the customary court. The court called a witness who presided over the meeting of the elders which found that the land belonged to the respondent.
HELD
The court held that the respondent established the declaration of title sought and that the customary court was right in the way it conducted the proceedings.
ISSUES
1. Whether the proof of title to land is on mere preponderance of evidence or on a higher standard, if on mere preponderance of evidence, whether the respondent deserved judgment in his favour both at the trial and at the appellate courts.2. Was the High Court Awka competent to hear and determine the appeal in respect of customary right of occupancy over land lying in rural area (Nanka), straight from the Customary Court Nanka?
RATIONES DECIDENDI
STANDARD OF PROOF IN DECLARATION OF TITLE TO LAND
A claim for a declaration of title is none other than a civil case and by the general principle governing civil matters, proof is upon the balance of probabilities or preponderance of evidence – Uwaifo J.S.C
WHAT AN APPELLATE COURT SHOULD CONSIDER WHEN REVIEWING TRIALS BY CUSTOMARY COURT
Appellate courts are to consider the substance of the proceedings of native, customary or area courts liberally and this is done by reading the record to understand what the proceedings were all about so as to determine whether substantial justice has been done to the parties within the procedure permitted by such courts -Uwaifo J.S.C.
CASES CITED
Dinsey v. Ossey (1939) 5 WACA 177;Jumai Alhaji Zaria v. Yar Maituwo (1996) NWLR 59; Ikpang v. Edoho (1978) 6-7 SC 221;Ibero v. Ume-Ohana (1993) 3 NWLR (pt.277) 510;Chukwueke v. Okonkwo (1999) 1 NWLR (pt.587) 410;Duru v. Onwumelu (2001) 18 NWLR (pt.746) 672 (2002), 1 SCM 62Kaiyaoja v. Egunla (1974) 12 SC 55 at 60-61
STATUTES REFERRED TO
NONE
