CORAM

---

I. L. KUTIGI JUSTICE, SUPREME COURT

D. MUSDAPHER JUSTICE, SUPREME COURT

G.A. OGUNTADE JUSTICE, SUPREME COURT

M. MOHAMMED JUSTICE, SUPREME COURT

W. S.ONNOGHEN JUSTICE, SUPREME COURT

---

PARTIES

---

ENAWAKPONMWHEM AIGBOBAHI

AIGBOGUN OMONOYAN

ENOGHABUN EKHORAGBON

OSAZUWA OMONOYAN (For themselves and on behalf of Ikhuenbo Village)

APPELLANTS 

---

CHIEF EDOKPAYI AIFUWA RESPONDENTS

OMONUWA EREBOR

EVBARUESE UWUMONSE

IGBINOVIA AIYUDUBIE

OKHUOROBO OSABUOHIEN (For themselves and on behalf of Iguomo village)

RESPONDENTS 

---

AREA(S) OF LAW

---

APPEAL- GROUND OF APPEAL-TITLE TO LAND- IDENTITY OF LAND IN DISPUTE

 

 

---

SUMMARY OF FACTS

The plaintiffs/respondents claims for declaration of rights to the exclusive use and occupation of the lands comprising Iguomo village and an injunction restraining the defendant/appellants from further trespassing. Both parties canvassed competing traditional history and tendered survey plan to prove the boundary of the land in dispute.

 

 

---

HELD

---

The plaintiffs have presented a more impressive case of their traditional history which the court finds as being credible, cogent and compelling and as such are entitled to the declaration and injunction.

 

 

---

ISSUES

---

1. Whether the learned Justices of the Court of Appeal were right in law in striking out grounds 2,4,5 of the appellants’ grounds of appeal before that court.”

2. Whether the learned justices of the Court of Appeal were right in law in failing to consider issue 5 raised in relation to exhibit 7 in appellants’ brief of argument.”

 

 

---

RATIONES DECIDENDI

---

VALID GROUND OF APPEAL

---

‘Once it is possible to make sense out of a ground of appeal that complains both of error in law and misdirection in fact, the ground of appeal is valid, the defect in its form notwithstanding .’Per Onnoghen, JSC

 

 

---

PROOF OF TITLE OR OWNERSHIP TO LAND

---

‘The law recognizes five distinct ways in which title to or ownership of land in Nigeria could be proved as stated by the Supreme Court in the case of Idundun V. Okumagba (1976) 9-10 S.C 227; (2001) 6 SCM 186; Vol. 1 ACLC 137

There are:-

(a) By traditional evidence

(b) By production of documents of title duly authenticated and executed.

(c) By acts of ownership extending over a sufficient length of time numerous and positive enough as to warrant the inference of true ownership.

(d) By acts of long possession and enjoyment, and,

(e) Proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would, in addition be the owner of the land in dispute.’

 

 

---

ONUS ON PLAINTIFF TO PROVE IDENTITY OF LAND

---

‘It is trite law that a party seeking a declaration of title to land must show with certainty the land to which his claim relates, failing which his claim must fail…’Per Onnoghen, JSC

 

 

---

CASES CITED

---

1. Aderounmu V. Olowu (2000) 4 NWLR (pt. 652) at 265 – 266,

2. Nnajifor V. Ukonu (1986) 4 NWLR (pt. 36) 505.

3. Adigun V. A-G Oyo State (1987) 1 NWLR (pt. 53) 678;

4. Okonkwo V. Udoh (1997) NWLR (pt. 519) 16.

 

 

---

STATUTES REFERRED TO

---

Cases referred to in the Judgment:

Aderounmu V. Olowu (2000) 4 NWLR (pt. 652) 253

Adigun V. A-G Oyo State (1987) 1 NWLR (pt. 53) 678

Akintola and Another V. Solano (1986) 2 NWLR (Part 24) page 589

Alade V. Lawrence Awo (1975) 4 SC. 215

Alhaji L.A. Onibado & Others V. Alhaji W.A. Akiku & Others (1982) 7 SC. 60

Arabe V. Asanlu (1980) 5-7 SC. 78. Epi V. Aigbedion (1972) 10 SC. 53

Atanda V. Ajanee (1989) 3 NWLR (pt.) 111) Pg 51

Bello V. Fayose (1999) SC. (part 11) 6

Chidiak V. Laguda (1964) NMLR 123

Emiri V. Imiyeh (1999) 4S.C. (pt.1)

Ibori V. Agbi (2004) 6 NWLR (pt. 868) 78 (pt. 111), (2004) 3 SCM 1

Idundun V. Okumagba (1976) 9-10 S.C 227, (2001) 6 SCM 186, Vol. 1 ACLC 137

Nnajifor V. Ukonu (1986) 4 NWLR (pt. 36) 505.

Nteogwuija & Ors. V. Ikuru & Ors. (1988) 10 NWLR (pt. 569) 267

Nwadike V. Ibekwe (1987) 4 NWLR (pt. 67) 718

Obawole V. Coker (1994) 18B LRCN Pg. 168;

Ogbechie v Onochie (1986) 2 NWLR (pt. 23) 481

Okonkwo V. Udoh (1997) NWLR (pt. 519) 16.

Okotie-Eboh V. Manager (2004) 18 NWLR (pt. 905) 242, (2004) 9-12 SCM (Pt. 2) 133

Olujeba of Ijebu V. Oso (1972) SC. 143

Osandu V. Sole Boneh (2000) 5 NWLR (pt. 656)

Runsewe V. Odutola (1996) 36 LRCN Ration 1 per Iguh JSC

Tunbi V. Opewole (2000) I.S.C.

 

 

 

---

CLICK HERE TO READ FULL JUDGMENT