CORAM

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UDOMA, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

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PARTIES

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J.O. EKI

APPELLANTS 

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F.M. GIWA

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW-PROOF OF TITLE TO LAND

 

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SUMMARY OF FACTS

The appellant and the respondent claimed to have possession of the same piece of land but the respondent showed evidence of earlier possession.

 

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HELD

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The court held that the evidence and testimony of the witnesses proved that the respondent had better title to the land

 

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ISSUES

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Whether the judgment of the trial court was against the weight of evidence and the appellate court ought not to interfere

 

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RATIONES DECIDENDI

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DECLARATION OF TITLE

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In a claim for declaration of title where both parties trace title from the same source or not the plaintiff in order to succeed must establish a better title to land. PER OBASEKI JSC

 

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POWER OF APPELLATE COURT TO APPRAISE EVIDENCE RECEIVED BY TRIAL COURTS

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”The appraisal of oral evidence and the ascription of probative value to such evidence is the primary duty of a tribunal of trial and a Court of Appeal would only interfere with the performance of that exercise if the trial court had made imperfect or improper use of the opportunities of seeing and hearing the witnesses  or has drawn wrong conclusions from accepted or proved facts which those  facts do not support  or indeed has approached the determination of those facts in a manner which those facts cannot and do not in themselves support.” PER OBASEKI JSC

 

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CASES CITED

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1. FASHANU V.ADEKOYA (1974)1 ALL NLR (PT1)35

2. MACAULEY V. TUKURU (1881-1911) NLR 35

3. LAWRENCE GREGORIO DA-COSTA V. STELLA ONOWALE IKOMI (SC 733/66 (UNREPORTED) DELIVERED ON 20TH DECEMBER 1972)

4. ALHAJI A.W ELIAS V.ALHAJI B.A SULEIMON& ORS (1973)12 SC 113

5. AMAKOR V. OBORFUMA (1946) 12 WACA 73

 

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STATUTES REFERRED TO

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Not Available

 

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