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KALU ONWUCHEKWA V. B.I.D. EZEOGU

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KALU ONWUCHEKWA V. B.I.D. EZEOGU

Legalpedia Citation: (2002) Legalpedia (SC) 38551

In the Supreme Court of Nigeria

Fri Sep 27, 2002

Suit Number: SC. 88/1998

CORAM


UWANI MUSA ABBA AJI

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT


PARTIES


KALU ONWUCHEKWA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant claimed title to the land in dispute but the defendant claimed that the land which the plaintiff claimed was different from the one he was in possession of.


HELD


The court held that the plaintiff did not identify the land in dispute with certainty.


ISSUES


Whether the appellant has been able to show that the land in dispute is what he claims to have acquired


RATIONES DECIDENDI


ONUS ON PLAINTIFF TO PROVE IDENTITY OF LAND


A plaintiff has the onus of showing satisfactory that his plan corresponds with the land to which he lays claim – Uwaifo J.S.C


CASES CITED


African Continental Bank Plc. v. Emostrate Ltd. (2002) 8 NWLR (pt. 770) 501 at 516 (2002) 7 SCM, 7Ojibah v. Ojibah (1991) 5 NWLR (PT. 191) 296


STATUTES REFERRED TO


NONE


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