CORAM

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ALEXANDER, JUSTICE, SUPREME COURT

SOWEMIMO, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

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PARTIES

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EDWARD EGONU

DR. SAMUEL EGONU

BEN EGONU

GEORGE ROWLAND EGONU

APPELLANTS 

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MADAM EZIAMAKA EGONU

DOMINIC ENW

ELUZO NDIORA (ALIAS EGONU)

ANTHONU EGONU

AUSTIN EGONU

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW – TITLE TO LAND  – DAMAGES /CUSTOMARY LAW /INJUNCTION

 

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SUMMARY OF FACTS

The plaintiffs/appellants, conscious of the devise (a testamentary disposition) and the need to assert their rights under the Will which were being infringed by the respondents instituted an action by writ of summons.

 

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HELD

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The Court held that the learned trial Judge was, in the light of the plaintiffs’ pleadings, perfectly right in not entering a non-suit against the plaintiffs and justified in dismissing the claims against all the defendants/respondents. The appeal fails and is hereby dismissed.

The judgment of Oputa, J., in suit No. 0/64/1965 dated 17th March, 1975, together with the orders as to costs, is hereby affirmed.

And the appellants shall pay costs in this appeal in this court assessed at N381.00 (three hundred and eighty-one Naira).

 

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ISSUES

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Whether a non-suit instead of an order of dismissal of the entire claim would have met the justice of the case in view of the finding of the learned trial Judge that the plaintiffs rights and interests in the land in dispute cannot be founded on the transaction of sale to their father by their grandfather but only on devolution under customary law of the rights and interests on death intestate of Samuel Aniche Egonu.

 

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RATIONES DECIDENDI

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CLAIM FOR A DECLARATION OF TITLE

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“In a claim for a declaration of title the plaintiff must succeed on the strength of his own case (evidence) and not on the weakness of the defence (evidence) although any evidence adduced by the defence which is favourable to the plaintiffs case will go to strengthen the case for the plaintiff.” Per Andrews O. Obaseki J.S.C.

 

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CASES CITED

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Kodinlinye v. Mbanefo Odu, 2 WACA 336 at 337

Josiah Akinola & Anor. v. Fatoyinbo Oluwo and 2 ors. (1962) 1 All NLR. 224 at 225

Idundun & ors. v. Daniel Okumagba (1976) 9 and 10 S.C. 227

Cole v. Folami (1956) 1 FSC 66 at page 68

Erinosho v. Owokoniran & anor. (1965) NMLR 479 at 483

Esso Petroleum Co. Ltd. v. Southport Corporation (1956) Ac 218 at 238 and 241

African Continental Bank Ltd v. Attorney-General of Northern Nigeria (1969) NMLR 231

Cardozo v. Doherty 4 WACA 78 at 80

Thomas v. Holder (1946) 12 WACA 78.

Ochoma v. Unosi (1965) NMLR 321.

Eze v. Igiliegbe 14 WACA 61 at 63

Sir Adesoji Aderemi v. Joshua Adedire (1966) NMLR 398 at 403;

Chief Odum & Ors. v. Chief Chinwo & Ors. S.C. 305/1976

 

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STATUTES REFERRED TO

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