DAMULAK DASHI V. STEPHEN DATLONG
May 28, 2025SAMUEL OSIGWE VS PSPLS MANAGEMENT CONSORTIUM LTD
May 28, 2025Legalpedia Citation: (2009-01) Legalpedia 97303 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Jan 23, 2009
Suit Number: SC 126/2002
CORAM
D MUSDAPHER, JUSTICE SUPREME COURT
G A OGUNTADE, JUSTICE SUPREME COURT
I F OGBUAGU, JUSTICE SUPREME COURT
P O ADEREMI, JUSTICE SUPREME COURT
S MUNTAKA-COMMASSIES, JUSTICE SUPREME COURT
PARTIES
1. MARCUS UKAEGBU
2. UKAEGBU NWADIKE
3. GEORNERIUS ELESHl UKAEGBU
4. JOHN UKAEGBU
APPELLANTS
MARK NWOLOLO(for himself and on behalf of the Egbereuri Family of Umuezike-Umunagbo, Ihitte Mbaise)
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE -VISIT TO LOCUS IN QUO – RETRIAL – EVIDENCE
SUMMARY OF FACTS
The respondent as plaintiff claimed damages for trespass, injunction, and declaration of title. Both parties relied on traditional history of inheritance and acts of possession. The trial judge dismissed the respondent’s case. The Court of Appeal on appellant’s appeal ordered a retrial before another judge and to visit the locus in quo. The appellant has further appealed.
HELD
Appeal allowed
ISSUES
NONE
RATIONES DECIDENDI
PLEADING SHOULD AVER FACTS SHOWING FOUNDING OF THE LAND IN DISPUTE
Where title is derived by either grant, sale, conquest or inheritance, etc., the pleading, should aver facts relating to the founding of the land in dispute, the person or persons who founded the land and exercised original acts of possession. Per OGBUAGU, JSC
THERE CANNOT BE TWO CONCURRENT POSSESSION
There cannot be concurrent possession by two persons claiming adversely to each other. Per OGBUAGU, JSC
WHEN THE PLAINTIFF FAILS TO PROVE HIS CASE
Where in a trial of an action, evidence has been adduced by both parties and the plaintiff fails to prove his case, the proper order is that of dismissal. Per OGBUAGU, JSC
WEIGHT TO BE ATTACHED TO TRADITIONAL EVIDENCE
The weight to be attached to traditional evidence is a matter which is left to the experience and wisdom of the learned trial Judge/Court. Per OGBUAGU, JSC
CASES CITED
1. Piaro v. Chief Tenalo & ors. (1976) 12 S.C. 31
2. Ayoola v. Odofin (1984) 2 S.C. 120:
3. Ndukwe v. Acha (1985) 5 S.C 28
4. Dodo Dabo v. Alhaji Abdullahi (2005) 2 SCNJ. 76
5. Okokon Inua v. Eke E.N. Bassey Asuquo (1961) ANLR 576
6. Amakor v. Obiefuna (1974) 1 All NLR (Pt.l) 119
7. Ogundare & ors. v. Okanlawon & Ors. (1963) 1 ANLR 358
8. Alhaji Elias v. Chief Omo-Bare (1982) 1 ANLR (Pt.l) 70
9. Umar v. Bayero University (1988) 4 NWLR (Pt.86) 85
STATUTES REFERRED TO
1. Evidence Act
