CORAM
TABAI JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
SUNDAY AKINTOLA AKINTAN JUSTICE, SUPREME COURT
PARTIES
MADAM ALICE CHIATOGU AMADI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff purchased the land in dispute from the defendants’ father under an agreement witnessed by a Chief Magistrate who testified that the document was signed in his presence and that she developed the land in the Vendor’s lifetime. The defendants denied the signature of their father in the agreement.
HELD
The court held that the evidence of the chief magistrate coupled with the fact the plaintiff developed the land during the life time of the defendants’ father is sufficient evidence to prove her claim.
ISSUES
1. Whether the learned Justices of the Court of Appeal were right in law in holding that the appellant was not entitled to the plot of land measuring 50 feet by 100 feet.2. Whether the learned Justices of the Court of Appeal were right in law in affirming the trial court as to the validity of the Deed of Conveyance, Exhibit A.3. Whether the learned Justices of the Court of Appeal were right in law in holding that the appellant failed to establish with certainty the area of land claimed.
RATIONES DECIDENDI
CASES CITED
1) Chinwendu V. Mbamali (1980) 3-4 SC 31;2) Lamai V. Orbih (1980) 5-7 SC 28;3) Woluchem V. Gudi (1981) 5 S.C 291;4) Ezeonwu V. Onyechi (1996) 3 NWLR (Pt 438) 499;5) Arowolo V. Ifabiyi (2002) 4 NWRL (Pt. 757) 356, (2002) 3 SCM 1;6) Layinka V. Makinde (2002) 10 NWRL (Pt. 775) 358, (2002) 8 SCM 1177) Adenle V. Olude (2002) 18 NWRL (Pt. 799)413, (2002) 12 SCM 1
STATUTES REFERRED TO
The Evidence Act