ALHAJI ISAH T. SOKWO V JOSEPH BAKU KPONGBO & 3 ORS
May 30, 2025ALHAJI ISAH T. SOKWO VS JOSEPH BAKU KPONGBO & 3 ORS
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 41719
In the Supreme Court of Nigeria
Fri Feb 8, 2008
Suit Number: SC. 257/2002
CORAM
IDRIS LEGBO KUTIGI, J.S.C, JUSTICE, SUPREME COURT
ALOMA MARIAM MUKHTAR JUSTICE ,SUPREME COURT
FRANCIS FEDODE TABAI, JSC (Lead Judgment) JUSTICE, SUPREME COURT
PARTIES
1. GODFREY ANUKAM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed he inherited the land in dispute from his father while the appellant also claimed he inherited the land from his father who himself inherited it from one Onugha. The appellant however did not deny the fact that the respondent inherited the land from his father in his defence ?
HELD
The court held that since appellant did not deny that the respondent inherited the land from his father, the respondent was not under any duty to establish the source of his father’s title and that the burden shifts to him to establish his own title which he failed to do .
ISSUES
1. Whether the burden of proof of the root of title to the land in dispute did not shift to the Appellant going by his amended Statement of Defence2. Whether the lower court was not right in holding that section 46 of the Evidence Act enured in favour of the Respondent.3. Whether the lower court’s confirmation of the grant of the reliefs sought for in the suit was wrong.
RATIONES DECIDENDI
CASES CITED
1. Akiola v. Oluwo (1962) 1 SCNLR 352; 2. Kodilinye v. Udu (1935) 2 WACA 336; 3. Omoni v. Tom (1991) 6 NWLR (Pt 195) 93; 4. Obiaso v. Okoye (1989) 2 NWLR (Pt 119) 80.
STATUTES REFERRED TO
The Evidence Act
