TIKA-TORE PRESS LIMITED VS AJIBADE ABINA & ORS
August 13, 2025OGBERO EGRI VS OGBERO UKPERI
August 14, 2025Legalpedia Citation: (1973) Legalpedia (SC) 37171
In the Supreme Court of Nigeria
Fri Dec 7, 1973
Suit Number: SC. 321/1971
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
EJAKPOMEHWE AKPORUEOGABENE OHWOKA (For themselves and on behalf of Idjezue) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
There was a dispute between the plaintiff and the defendant as to the owner of a parcel of land. The trial Court preferred the defendants evidence and dismissed the plaintiffs claim.
HELD
The Supreme Court held that the plaintiffs failed to discharge the burden of proof cast upon them in the case.
ISSUES
None.
RATIONES DECIDENDI
BURDEN OF PROOF OF PLAINTIFF
“The rule is that the plaintiff must succeed on the strength of his own case, and not on the weakness of the defendants case.” Per IBEKWE, JSC
JUDICIAL REVIEW
“In the context of our legal system, judicial review is primarily the function of the Appellate Court.” Per IBEKWE, JSC
CASES CITED
Ukpa Orewere and Ors. v. Rev. Moses Abiegbe and others, (1973) 9 and 10 S.C. 1
STATUTES REFERRED TO
None.
