CORAM
NWALI SYLVESTER NGWTA JUSTICE, SUPREME COURT
JUMMAI HANNATU SANKEY JCA
PARTIES
IKYEREVE IORDYE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff brought a claim at the Grade 11 Area Court of Tor- Danga Benue State, against the Defendant for declaration of title to a piece of land situated at Udamutange area of Benue State. At the conclusion of trial, the Court entered judgment in favour of the Plaintiff. Aggrieved by the said decision, the Defendant appealed to the High Court, which set aside the judgment of the Area Court on the ground that the Court gave no consideration to the Defendant’s evidence and his witnesses and that the only reason for which the elders asked that the Plaintiff be left on the land was that his mother was their daughter. Aggrieved by the decision, the Plaintiff/Appellant unsuccessfully appealed to the Court of Appeal, hence a further appeal to this court.
HELD
Appeal Dismissed
ISSUES
? Did the appellant lead evidence in the court of trial in relation to his root of title to entitle him to judgment?? Did the appellant establish identity of the land with certainty as required by law?? Was the Court of Appeal right to hold as it did that: “The appellate High Court had in my opinion acted rightly in re-evaluating the evidence and coming to the conclusion which it did by dismissing the case of the appellant?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Supreme Court Rules, 1985 (as amended).