ENGINEER EMMANUEL OSOLU V ENGINEER UZODINMA OSOLU & ORS
June 16, 2025E.A. EMUZE V THE VICE CHANCELLOR, UNIVERSITY OF BENIN
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 05110
In the Supreme Court of Nigeria
Fri May 30, 2003
Suit Number: SC.97/1999
CORAM
UWANI MUSA ABBA AJI
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
EMMANUEL ILONA
PLAINTIFFS / RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The proceedings emanated from the administration of the estate of one Joseph Idakwo Ejiga who died intestate leaving among his heirs the two sons who are the Plaintiffs/Respondents on record.
HELD
Appeal failed.
ISSUES
“1. Whether the Court of Appeal was right in holding that by virtue of the Respondents Father’s Right of occupancy (Exhibit 6) he was deemed to be a holder of a Statutory Right of Occupancy of the land in dispute and therefore the Statutory Right of Occupancy (Exhibit D1) granted to the Appellant was not superior to the status and holding of the Respondents’ father having regard to the provisions of the Land Use Act, 1978 and the Land Tenure Law.2. Whether the Respondents have proved their case for declaration of title to the land in dispute? 3. Whether the Court of Appeal was justified in granting the reliefs not sought by the Respondents? 4. Whether there was a reasonable cause of action in the Respondents’ claim to warrant the assumption of jurisdiction on the matter by the court?5. Whether the Court of Appeal was justified in rejecting the defence of laches and acquiescence as unpleaded and irrelevant in the determination of the appeal having regard to the state of the pleadings and evidence adduced? .”
RATIONES DECIDENDI
DECLARATION OF TITLE – ONUS ON PLAINTIFF
The law is well settled by a long string of authorities that in an action for declaration of title to land, the onus of proof lies on the plaintiff to establish with certainty and precision the area of land to which his claim relates. Per D. O. Edozie J.S.C
EFFECT OF UNCONTROVERTED AFFIDAVIT
A finding against which there is no appeal stands admitted and undisputed. Per D. O. Edozie J.S.C.
CERTIFICATE OF OCCUPANCY IS PRIMA FACIE EVIDENCE OF TITLE
A document of title such as a Certificate of Occupancy is prima facie evidence of title but it will give way to a better title. Per D. O. Edozie J.S.C.
CASES CITED
Agbaje V. Adigun (1993) 1 N.W.L.R. (Pt.269) 261 Skenconsult (Nig.) Ltd. V. Ukey (1981) 1 S.C. 6,Ogunleye V. Oni (1990) 2 N.W.L.R. (Pt.135) 745Registered Trustees, Apostolic Church V. Olowolemi (1990) 6 N.W.L.R. (Pt.156) 514 Abioye V. Yakubu (1991) 5 N.W.L.R. (Pt.190) 13.
STATUTES REFERRED TO
The Land Use Act 1978The Land Tenure Law of Northern Nigeria, Cap 59 of 1963
