CORAM
ESO, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
NNAEMEKA-AGU, JUSTICE SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
PARTIES
LASISI AKANNI BURAIMOH
APPELLANTS
REBECCA AYINKE BAMGBOSE
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION OF TITLE TO LAND – POSSESSION/ PLEADINGS
SUMMARY OF FACTS
The trial court found that the respondent proved title to the land claimed but stated that he did not call expert evidence to show that it was the same land in dispute.
HELD
The court held that the court of appeal was right to have overruled the decision of the trial court because the issue of identity was not raised in the pleadings and that there was evidence including admission by the appellant that the respondent was in possession of the land.
ISSUES
Whether the Court of Appeal was right in holding, in effect, that the type of expert evidence which the learned trial Judge insisted upon and for which he dismissed the respondent’s case was not necessary in the circumstances of the case
RATIONES DECIDENDI
COUNSEL’S FINAL ADDRESS: ISSSUE OF FACT CANNOT BE RAISED THEREIN.
Issue of fact cannot rightly be raised in counsel’s final address. In a trial court where pleadings are filed, it can only be properly raised on the pleadings- Nnaemeka- Agu J.S.C.
CIVIL PROCEEDINGS: DUTY OF PARTIES TO RAISE ISSUES IN THEIR PLEADINGS.
The game of litigation has long ceased to be a sneaky game. The rule of fair hearing dictates that in a civil case a party must give his adversary due notice of the case he is to meet by raising it on his pleading- Nnaemeka- Agu J.S.C.
DECLARATION OF TITLE TO LAND:EXCEPTION TO THE RULE THAT PLAINTIFF SHALL NOT RELY ON WEAKNESS OF DEFENDANT’S CASE.
The acronym that a plaintiff must, in a claim for a declaration of title, rely on the strength of his own case and not on the weakness of the defence now admits of a number of recognized exceptions. It has no place where there are facts and factors in the defendant’s case which support the plaintiffs…and where the defendant in his pleading admits that the plaintiff was the original owner: the onus is on the defendant to prove an absolute grant to him – Nnaemeka- Agu J.S.C
CASES CITED
1. Akunwata Nwagbogu v. Chief M.O. Ibeziako (1972) Vol. 2 ECSLR. (Part 1) 335, at p. 338
2. Ochoma v. Unosi (1965) NMLR.321 L
3. Ogunbambi v. Abowaba (1951) 13 WACA. 222
STATUTES REFERRED TO
Not Available