CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
DANIEL IGWE UCHE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/appellant entered into a registered lease 1960, which he acquires with one Owo Ajonkwu Awele who died soon after the lease was executed. He (plaintiff) later acquired the portion of Owo Ajonkwu Awele, registered it and went into possession. After plotting the land he sold some plots to various individuals who built on it. About 1981, without his leave, licence or consent, the first defendant broke and entered the vacant undeveloped portion of the land in dispute.
HELD
The appeal was dismissed.
ISSUES
1. Whether the learned trial Judge and the learned Justice of Appeal who wrote the lead judgment concurred in by the other Justices did not totally misconceive the case put before them by the parties and thereby came to a wrong decision.2. Whether the learned Justices of the Court of Appeal did not misdirect themselves when they dismissed the appeal having regard to the weight of evidence before the trial court.
RATIONES DECIDENDI
DUTY TO STATE ROOT OF TITLE
“To baldly state that the land was conveyed or assigned by the vendors without stating their root of title is not complete pleadings in our land holding system except it is a grant by the government or land acquired by government. Any grant of land whether by private treaty or by government right of occupancy, evidenced by a certificate of occupancy will be mere piece of paper not worth anything if the root of title to make the conveyance is not vested in the vendor.” Belgore, JSC.
GOLDEN RULE OF CIVIL TRIALS
“A party who wishes to succeed in his claim must not only plead but also if there are averments not admitted by his adversary offer evidence to support his pleadings and at no stage will evidence be received of unpleaded facts.” Belgore, JSC.
CASES CITED
1. Ezewani v. Onwordi (1986)4 NWLR (Pt.33) 272. Sodipo v. Lemminkainen O. Y. (1985) 2 NWLR (Pt.8) 5473. Owoade v. Omitola (1988) 2 NWLR (Pt.77) 413 4. Adimora v. Ajufo (1988) 3 NWLR (Pt.80) 15. Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745., (Pt.77) 445
STATUTES REFERRED TO