ISIAKU LALLUWA AUTA VS THE STATE
August 9, 2025MRS. LILY UYANNE VS OFOR ASIKA
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 13714
In the Supreme Court of Nigeria
Fri Apr 11, 1975
Suit Number: SC. 42/1974
CORAM
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
F.M. ALADE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claim to have bought a piece of land belonging to the Ojomo Eyisha family after which he took possession. later the defendant disturbed his possession by storing building materials on the said land; and that the defendant has continued in illegal possession of the disputed land inspite of repeated warnings issued by him.
HELD
The Court held that there has been a miscarriage of justice. The learned trial judge acted on an erroneous proposition of law, and it is clear that if that proposition is put right the finding made by him cannot stand.
The appeal therefore succeeds and it is allowed. The judgment of the learned trial judge in Suit No. HK/35/60 delivered at the High Court, Ikeja, on 26th July,1968, together with the costs therein awarded by him is hereby set aside. In its place we grant the plaintiffs claim for title and possession in respect of the land in dispute shown and edged red on Plan No. CT 91/58 made by Olumide, Licensed Surveyor.
ISSUES
Whether the learned trial Judge misdirected himself in law on the evidence and generally on the whole case.
RATIONES DECIDENDI
TRADITIONAL EVIDENCE
“The correct view of the law is that the plaintiff in a claim for declaration of title could succeed solely on the basis of traditional evidence.” IBEKWE, JSC.
TRADITIONAL EVIDENCE
“In a strict sense, traditional evidence is no more than hearsay evidence. As a matter of fact, it is hearsay upon hearsay, in that it deals with events which occurred long ago, and the history of which has been handed down from father to son, or from generation to generation.” IBEKWE, JSC.
CASES CITED
Ekpo v. Ita XI NLR 68
The Stool of Abinabina v. Enyimadu, reported in Vol. XII WACA 171, at page 172
3. Mumuni Abudulai v. Ramotu Manue X WACA 172
STATUTES REFERRED TO
