UDE V CHIMBO
June 27, 2025ALPHONSUS IBEANU & ANOR VS PETER A. OGBEIDE & ANOR
June 27, 2025Legalpedia Citation: (1998) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Sep 25, 1998
Suit Number: SC. 85/1991
CORAM
NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT
M.E. OGUNDARE – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
A.I. IGUH – JUSTICE, SUPREME COURT
PARTIES
IKEANAEKE EZEAKABEKWEDANIEL EZEAKABEKWEJOHNSON EZEAKABEKWE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/respondent on behalf of the Emenike family of Umuchu sued the defendant claiming declaration of title to a piece of land situate at Umuchu, damages for trespass as well as perpetual injunction restraining the defendants from further trespass.
HELD
The court held that the respondent, representing members of the Emenike family of Amaba, Umuchu is entitled, as against the appellants, to a grant of customary right of occupancy in respect of the areas verged pink on the plan.
ISSUES
Whether having regard to the pleadings and evidence, the court below was right in affirming the judgment of the trial court on the issue of title, trespass and injunction in respect of the land verged green in the respondent’s plan, Exhibit 3.Whether the court below did infact ignore Exhibits “A” and “B” as alleged by the appellants and whether, otherwise, the judgment of the trial court as affirmed by the court below is justifiable in so far as it relates to the piece or parcel of the land in dispute verged pink in Exhibit 3.
RATIONES DECIDENDI
PROPER LEGAL EVIDENCE OF A PROCEEDING IN THE HIGH COURT
A judgment of a superior court of record should speak for itself and extrinsic evidence is, in general, inadmissible in substitution of judicial documents. Thus, the record, or a certified true copy thereof, is the proper legal evidence of a proceeding in the High Court. Per Anthony I. Iguh
PROVING THE BOUNDARIES AND TITLE TO A SMALLER PARCEL OF LAND
It is settled law that where a plaintiff who is claiming a declaration of title to land succeeds in proving the boundaries and title to a smaller parcel of such land, he would be entitled to a declaration of title in respect of such smaller parcel of land in dispute, the title and boundaries of which he has proved with certainty. Per Anthony I. Iguh.
CASES CITED
Edward Egonu v. Eziamaka Egonu (1978)11-12 SC. 111 at 133Ekpenyong v. Nyong (1975) 2 SC 71 at 81-82Kalio v. Daniel Kalio (1975) 2 SC. 15 at 17Idundun & Ors. v. Daniel Okumagba (1976) 9/10 SC. 227 at 245; (1976) 1 NMLR 200Udeze v. Chidebe (1990) 1 NWLR (Pt. 125) 141Sogunle v. Akerele (1967) NMLR 58Arabe v. Asanlu (1980) 6-7 SC. 78 at 85-87
STATUTES REFERRED TO
High Court Law of the former Eastern Nigeria, 1963Evidence Act
