CORAM
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
1. LINUS OKEREKE2. OGBONNA OKEREKE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The facts clearly show that the Appellants derived title to the portion of the land where they now live through their father Okereke who was put on that land by Wilson Nwankwo the father of 1st Respondent. It is also on record that it was Wilson Nwankwo who put Onyeji on the land in dispute and that on the death of Onyeji the land in dispute reverted to Wilson Nwankwo after he had performed the funeral rites of Onyeji.
HELD
Appeal dismissed
ISSUES
“(i) Whether Exhibit “B” in the circumstances of this case is a binding customary arbitration on the parties creating an estoppel?(ii) Was the Court of Appeal right in holding that the provisions of section 46 of the Evidence Act did not apply to this case?(iii) Whether the Court of Appeal was right in affirming the decisions of the two lower courts that the Respondents are entitled to the customary right of occupancy of the ‘Ofemmiri’ Land in dispute?”
RATIONES DECIDENDI
PROOF OF TITLE TO LAND
One of the recognized methods of proving title to land is by proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute. Per D.O. Edozie J.S.C
WHEN ONUS SHIFTS TO THE DEFENDANT
“It is part of the general law that in a case of competing title, once a plaintiff succeeds in tracing his title to a person whose title to ownership has been established, then the onus shifts upon the defendant to show that his own possession is of such a nature as to oust that of an original owner” Edozie, JSC
DIFFERENCE ON THE EFFECT OF A DECISION OF COURT AND AN ARBITRAL AWARD
A decision by a court of competent jurisdiction creates an estoppel per rem judicatam but an award by a customary arbitration will have the same consequence if certain pre-conditions are satisfied. Per D.O. Edozie J.S.C
PROOF OF TITLE TO LAND BY TRADITIONAL EVIDENCE
“It is trite law that a party who seeks title to land and relies on traditional evidence must, in order to succeed plead the root of his title and the names and history of his ancestors and lead evidence to show the root of his title and before him that of his ancestors.” Edozie, JSC
CASES CITED
1. Raphael Agu V. Christian Ikewibe (1991) 3 NWLR (pt. 180) 385 at 407.2. Ohieari V. Akabeze (1992) N.W.L.R. (Part 221) 1 at 23, 243. Odonigi V. Oyeleke (2001) 6 N.W.L.R. (Part 708) 12 at p.28. (2001) 4 SCM, 127.4. Idundun & Ors V. Okumagba (1976) NSCC 4455. Kayode V. Odutola (2001) 11 N.W.L.R. (Pt. 725) 659
STATUTES REFERRED TO
The Evidence Act, 1990