CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
A.B WALI – JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
D.O. IDUNDUN CHIEF P.O. AWANI A.E. HESSE for themselves and on behalf of Ogitsi family of Okere, Warri C.A. LORIE J.D. ORURU ITSEKIRI COMMUNAL LAND TRUSTEES EREJUWA II, THE OLU OF WARRI for himself and on behalf of the Itsekiri people
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants action for declaration of title to land and injunction against the respondent was dismissed by the learned trial judge. This appeal is against the said judgement.
HELD
The court held that the appellants have failed to satisfy any of the 5 (five) ways by which ownership of land can be proved.
ISSUES
None.
RATIONES DECIDENDI
WAYS OF PROVING OWNERSHIP OF LAND
we would like to point out that it is now settled that there are five ways in which ownership of land may be proved… Firstly, ownership of land may be proved by traditional evidence as has been done in the case in hand… Secondly, ownership of land may be proved by production of documents of title… Thirdly, acts of the person (or persons) claiming the land… Fourthly, acts of long possession and enjoyment of the land… Finally, proof of possession of connected or adjacent land…Consequently, we are of the view that the appeal has no merit and it is accordingly dismissed Per FATAYI-WILLIAMS, JSC.
CASES CITED
Ugbe & 4 Ors. v. Edigbe & 2 Ors.
(unreported) but see S.C.736/66 page 15, delivered on 27th February, 1970)
Latinwo v. Ajao (1973) 2 S.C.99 at page 110, lines 4-25
Ekpo v. Ita 11 NLR p.68)
Da Costa v. Ikomi (1968) 1 All NLR 394 at page 398)
STATUTES REFERRED TO
Evidence Act