ONUORA ASEAGBA & ANOR VS PATRICK ANIMONYE OFODILE & ANOR
August 19, 2025POLYCARP OJOGBUE & ANOR VS AJIE NNUBIA & ORS
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 87164
In the Supreme Court of Nigeria
Wed Jun 21, 1972
Suit Number: SC. 42/70
CORAM
COKER CHIEF JUSTICE, NIGERIA
MADARIKAN JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
JIMOH ADEBAKINI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was sued the respondent at the lower court for recovery of possession. While the respondent pleaded conveyances as root of title, the appellant relied on traditional evidence. The trial court found for the respondent on the basis of ownership while it rejected various court judgment sought to be tendered by appellant.
HELD
The decision of the trial court was set aside as the plaintiff/respondents predecessors title was not sufficiently proved
ISSUES
Whether or not the trial judge has not misdirected himself in law in that the learned trial Judge wrongly concluded that the plaintiff had made out a title when she had not;
Whether or not the trial judge wrongly rejected the several judgments which the defence attempted to put in evidence
RATIONES DECIDENDI
PROOF IN DECLARATION OF TITLE
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POSSESSION OF LAND AS EVIDENCE OF OWNERSHIP
“Acts of possession and enjoyment of land may be evidence of ownership or of a right of occupancy not only of the particular piece or quantity of land with reference to which such acts are done, but also of other land so situated or connected therewith by locality or similarity that what is true as to the one piece of land is likely to be true of the other piece of land” Per COKER JSC
CASES CITED
Alhaji J. Aromire & Ors. v. J.J. Awoyemi, SC. 38/69
Alhaji Adeshoye v. Siwoniku (1952) 14 WACA 86 at p. 87),
Ntoe Ekpo Ekpo v Eta Ita XI Nigeria Law Reports, page 69
STATUTES REFERRED TO
Section 45 of the Evidence Act, Cap. 62
