DENNIS AKOMA & ANOR v. OBI OSENWOKWU & ORS
June 13, 2025TIJANI AMOO & ORS V ALHAJI BUSARI ALABI
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 51987
In the Supreme Court of Nigeria
Fri Jul 11, 2003
Suit Number: SC. 158/1999
CORAM
U. MOHAMMED, JUSTICE, SUPREME COURT
A. I. KATSINA-ALU, JUSTICE, SUPREME COURT
U. A. KALGO, JUSTICE, SUPREME COURT
SIR D.A.R. ALEXANDER, CHIEF JUSTICE, NIGERIA
BODE RHODES-VIVOUR JUSTICE, SUPREME COURT
PARTIES
EDWIN CHUKUDULUE UDENGWU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal from a judgment of the Court of Appeal, Enugu Division given on 14 June, 1994. It upheld the decision of the High Court at Akwa in which the suit of the appellant (as plaintiff) was dismissed on 8 June 1992. ?
HELD
Appeal allowed.
ISSUES
“Whether the court below was right in dismissing the appellant’s appeal when it held that the sale of Okpalansofor’s family land by Dominic as his own to the appellant is void.”
RATIONES DECIDENDI
ONUS ON PLAINTIFF TO PROVE EXCLUSIVE OWNERSHIP OF FAMILY LAND
It is settled law that where the land in dispute is accepted by the parties or found by the court to be originally a family land, the person who claims exclusive ownership thereof must fail unless he asserts by his pleadings and proves by evidence how that exclusive ownership devolves on him. Per Uwaifo J.S.C.
BASIS OF JUDGMENT OF A COURT.
A judgment of the court must demonstrate that the court understood the case before it and elicit an open and full consideration of the issues properly raised by the parties on their pleadings as supported by evidence. Per Uwaifo J.S.C.
CASES CITED
Ekpendu & Ors V. Erica (1959) 4 FSC 79Polycarp Ojogbu V. Ajie Nnubia (1972) 1 All NLR (pt.2) 226 at 231Atolagbe V. Shorun (1985) 1 NWLR (pt.2) 360Adimora V. Ajufo (1988) 3 NWLR (pt.80) 1
STATUTES REFERRED TO
None
