MUNGO APPAH & ANOR V. COSTAIN (W.A.) LTD. & ANOR
August 11, 2025ESTATE OF ALHAJI N.B. SOULE V. OLUSEYE JOHNSON & COMPANY & ANOR
August 11, 2025Legalpedia Citation: (1974-11) Legalpedia (SC) 31307
In the Supreme Court of Nigeria
Fri Nov 1, 1974
Suit Number: SC. 247/1973
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
JACKSON I. SANYA
PETITIONER(S)
M. A. O. JOHNSON
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE TO LAND /PLEADINGS / EVIDENCE – SECTION 129 OF THE EVIDENCE ACT
SUMMARY OF FACTS
The appellant claimed title to the land in dispute via a deed of conveyance executed in her favour by the respondents mother which was confirmed by the respondent brother and sister. The claim was dismissed on the ground that there was no presumption in favour of the seed under section 129 of the Evidence Act being less than 20 years old.
HELD
The court held that the evidence before the lower court justified declaration of title to the land in favour of the appellant and that title may be proved other than by the presumption contained in section 129 of the Evidence Act.
ISSUES
Whether or not the property in dispute was ever sold to the plaintiff by Madam Dorcas Folashade Agbeke or not.
RATIONES DECIDENDI
RECITAL WHICH FALLS OUTSIDE THE RULE OF SECTION 129 EVIDENCE ACT
A recital which cannot raise any presumption under S. 129, may in the long run, be shown to be more valid than the one that raises such presumption. It is not the intention of the section that a recital in a document of title, which falls outside the rule, should thereby be rendered impotent. Per Ibekwe J.S.C
WHEN PRESUMPTION OF OWNERSHIP BY POSSESSION FAILS
“It is generally said that possession raises a presumption of ownership but, in our opinion, such presumption cannot stand when another person proves a good title. Per Ibekwe J.S.C
CASES CITED
Johnson v. Lawanson (1971) 1 NLR 56
STATUTES REFERRED TO
The Evidence Act
