POPOOLA BAMGBEGBIN & ORS VS JIMOH ATANDA ORIARE
March 23, 2025PASTOR SAMUEL BORTIER AHIA V. STARPOLE INVESTMENT LTD
March 23, 2025Legalpedia Citation: (2022-07) Legalpedia 31671 (CA)
In the Court of Appeal
Holden At Yola
Tue Jun 21, 2022
Suit Number: CA/YL/96/2020
CORAM
CHIDI NWAOMA UWA
PARTIES
JALINGO MUSA
APPELLANTS
SUVA UMARU
RESPONDENTS
AREA(S) OF LAW
APPEAL, ACTION, COURT, LAND LAW, EVIDENCE, PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The Appellant, as Plaintiff acting on the belief that he was entitled to declaration of title instituted an action before the lower Court via a Writ of Summons sealed on 18th January, 2018 claiming A Declaration that the Plaintiff is the rightful owner of the piece of land lying and situate in Wuro Fada in Ardo Kola Local Government Area; A Declaration that the Defendants, their privies and/or agents are trespassers to the land in dispute; An Order of injunction restraining the Defendants from acts of trespass over the land in dispute; general damages of One Million Naira against the Respondents as Defendants. The Appellant filed all requisite processes and in response, the Respondents filed a statement of defence and counter claim, by which they sought: An Order granting the Defendants/Counter Claimants title over all that vast piece of land lying and situate at Koko, Wuro Fada in Ardo Kola LGA of Taraba State; an order restraining the Plaintiff or any person acting on his behalf from trespassing into the land; and general damages of One Million Naira against the Plaintiff.
The matter went on to trial and upon the conclusion of trial, the lower Court in a judgment delivered on 12th July, 2019, found that the Appellant failed to prove ownership of the land in dispute, but that the Respondents established title to the land in dispute. The Court consequently declared title in favour of the Respondents, granted a perpetual injunction against the Appellant and awarded N50,000.00 (fifty thousand naira) as general damages in favour of the Respondents.
Dissatisfied with the decision of the lower Court, the Appellant appealed vide a Notice of Appeal filed on 30th September, 2019.
HELD
Appeal dismissed
ISSUES
Whether the Respondents proved a better title than the Appellant over the land in dispute, regard being had to the pleadings and totality of evidence adduced by both parties during trial?
RATIONES DECIDENDI
PROOF OF TITLE TO LAND – EFFECT OF A SUCCESSFUL PROOF OF TITLE TO LAND
“A declaration of title to land by a Court of competent jurisdiction in favour of one party and against another or others, has the effect of vesting the title over the land in question on the successful party while extinguishing all ownership rights in the land on the part of the person or persons against whom the order is made SEE OKOKO V. DAKOLO (2006) LPELR 2461 (SC); Moneme v. Onoja & Ors. (2011) LPELR 8972 (CA).” – Per TUKUR, JCA
CASES CITED
STATUTES REFERRED TO
