JOSHUA O. WILLIAMS VS OLAJUMOKE O. WILLIAMS
September 2, 2025TED KAYODE ADAMS VS DIRECTOR OF PUBLIC PROSECUTIONS OF THE FEDERATION
September 2, 2025Legalpedia Citation: (1966-01) Legalpedia 71050 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jan 14, 1966
Suit Number: SC 278/1964
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
LAWRENCE ONYEKAONWU AND ORS
APPELLANTS
EKWUBIRI AND ORS
RESPONDENTS
AREA(S) OF LAW
Land Law-possession burden of proof
SUMMARY OF FACTS
The plaintiffs have appealed from the judgment of Egbuna J. dismissing their claim for a declaration of title to a certain area of land, damages for trespass, and an injunction.
HELD
That the Plaintiffs have proved sufficient acts of possession to throw the burden of proof on the defendants under Section 145
ISSUES
Whether the Plaintiffs have discharged the burden of ownership of the said land?
RATIONES DECIDENDI
PRESUMPTION OF OWNERSHIP
‘the person in possession can maintain trespass against any one who cannot show a better title . The defendants had the duty to prove that they were entitled to go into possession’-Bairamian, J.S.C.
CASES CITED
Nwokafor v. Udegbe. F.S.C. 440/1961
Kodilinye v. Odu, 2 WA.C.A. 336
STATUTES REFERRED TO
