L.B. AGUSTO VS P.O. JOSHUA PAGE| 1
September 4, 2025THE QUEEN VS GOVERNOR-IN-COUNCIL, WESTERN REGION
September 5, 2025Legalpedia Citation: (1962-05) Legalpedia 56304 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon May 28, 1962
Suit Number: SC 238/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
M.O. ODESANYA
APPELLANTS
D.A. EWEDEMI
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE—BURDEN OF PROOF
SUMMARY OF FACTS
The plaintiff/appellant sued the defendant/respondent asking for a declaration of title, damages for trespass to land and an injunction restraining him.
HELD
For the above reasons I would dismiss this appeal with costs which I would assess at 20 guineas in favour of the respondent.
ISSUES
The learned trial Judge misdirected himself when he held “that the only evidence that plaintiff’s father had acted as his agent in the purchase of the land appears to be the plaintiff’s unsupported assertion” when in fact there was supporting evidence
The learned trial Judge misdirected himself when he held “that the area verged yellow is of the same dimensions as that which lies between the eastern side of the area verged red and Alapo Street.
RATIONES DECIDENDI
IN A CLAIM FOR DECLARATION OF TITLE, THE DISPUTED LAND MUST BE ASCERTAINED
In a claim for a declaration of title to land the onus is on the plaintiff to prove title to a defined area to which a declaration can be attached. Per TAYLOR F.J.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
