AFOLARIN ADENLE V. FOLARIN OLUDE
June 18, 2025T. M. ORUGBO V. BULARA UNA & ORS
June 18, 2025Legalpedia 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