CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
JAMES ULUBA & CO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued for declaration of title to land, possession, damages and injunction. Pleading were filed by both parties .trial judge gave judgment in favour of the plaintiff, defendants appealed.
HELD
The court held that the appeal is dismissed, judgment in favour of the respondent is for possessory title.
ISSUES
Whether the plaintiffs have discharged the onus on them to rebut the presumption of ownership in favour of the defendants who were admittedly in possession of the land.
RATIONES DECIDENDI
WHEN FINDING OF FACTS BY A TRIAL COURT CAN BE DISTURBED
Finding of facts by a trial court will not be disturbed unless there is perverse finding or a miscarriage of justice has occurred thereby – Per JSC
DECLARATION OF TITLE – PROOF OF OWNERSHIP
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CASES CITED
(1) Garba vs. Akacha (1966) NWLR 63 at 64.
(2) Kojo vs. Bonsile (1957) NLR 1223 at P.1226 1227
(3) Adenle vs. Oyegbade (1964) 1 NLR 26.
(4) Aladi vs. Catholic Mission (1935) 2 WACA 380.
(5) Bada vs. Chairman LEDBCS 501/65
(6) MPC vs. Thompson Organisation SC 192/67
(7) Alhaji Etiko vs. Aryewin (1959) 4 FSC 129.
(8) Kwadzo vs. Adjei 10 WACA 74.
STATUTES REFERRED TO