CORAM
A.O. OBASEKI, JUSTICE SUPREME COURT
A. NNAMANI, JUSTICE SUPREME COURT
S.M.A. BELGORE, JUSTICE SUPREME COURT
A.G. O. AGBAJE, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
PARTIES
JOSHUA OGUNLEYE
APPELLANTS
BABATAYO ONI
RESPONDENTS
AREA(S) OF LAW
LAND MATTER – ONUS ON PLAINTIFF TO SUCCEED ON THE STRENGTH OF HIS CASE.
SUMMARY OF FACTS
The appeal against the judgment of the court of Appeal which set aside the judgment of the trial court. The matter is a dispute over a piece of land wherein parties led both customary and traditional evidences to support their claim. The trial court found for the appellant but was set aside by the Court of Appeal. The appellant has now further appealed to the Supreme Court
HELD
APPEAL DISMISSED
ISSUES
1. Whether the Appellant pleaded and proved the title of the Osu Community to the land in dispute?
2. Whether the Court of Appeal was right in placing the burden of proof on the Appellant to trace the root of title of the Osu Community?
3. Whether the Respondent had proven a better title to the land in dispute?
4. Whether the action should have been struck-out “suo-motu” by the Court of Appeal for want of necessary parties.
RATIONES DECIDENDI
DUTY ON THE PLAINTIFF TO PROVE HIS CASE
“it is for the plaintiff to prove his case and not rely on the weakness of the defence” (Per Belgore, JSC.)
CASES CITED
1. Amusa Yesufu Oba v. Hunmuani Ajoke (see Olisa Chukura’s Privy Council judgments 1841-1943) at page 1018;
2. Ambrosini v. Tinko (1929) IX NLR 8.
3. S. Adetona & 2 Ors. v. Ajani (1959) WRNLR 213 at 216.
4. Amakor v. Obiefuna (1974)1 All NLR. (Pt.1), at page 128
5. Savannah Bank v. Ajilo (1989)1 S.C. (Pt.II) 90,(1989)NWLR (Pt.97) 305.
6. Amodu Tijani v. Secretary Southern Nigeria (1921) AC 399
STATUTES REFERRED TO
1. The Evidence Act.