SOLOMON ADEKUNLE V THE STATE
June 5, 2025MR. MOSES BUNGE VS THE GOVERNOR OF RIVERS STATE & ORS
June 5, 2025Legalpedia Citation: (2006-06) Legalpedia 08737 (SC)
In the Supreme Court of Nigeria
Abuja
Fri Jun 23, 2006
Suit Number: SC.385/2001
CORAM
S. U. ONU JUSTICE, SUPREME COURT
D. MUSDAPHER JUSTICE, SUPREME COURT
I. C. ACHOLONU JUSTICE, SUPREME COURT
W. S.ONNOGHEN JUSTICE, SUPREME COURT
I. F. OGBUAGU JUSTICE, SUPREME COURT
PARTIES
MEMUDU AJIBOYE (For himself and on behalf of Abidoye family)
APPELLANTS
LHAJI OLOYEDE ISHOLA (Substituted by Mustapha Oyedokun)
RESPONDENTS
AREA(S) OF LAW
RES JUDICATA /LAND MATTER – TRADITIONAL HISTORY – HOW PROVED?
SUMMARY OF FACTS
The case has a chequered history as the Supreme Court has had course to pass to dismiss same for want competence. However, the present appeal is against the decision of the Court of Appeal which set aside the judgment of the appellate high court and affirmed that of the upper Area court to the effect that the appellant (as plaintiff in that court) did not prove his case.
HELD
Appeal dismissed.
ISSUES
(i) Whether on the evidence on record, the Court of Appeal was right in setting aside the decision of the appellate High Court and affirming the decision of the trial Upper Area Court which dismissed the Plaintiff/Appellant’s suit.
(ii) Whether the Court of Appeal had jurisdiction to try the case having regard to the fact that the Supreme Court had already decided the same case in suit No. SC. 271/1990 of 1st July, 1994 reported in (1994) 7-8 SCNJ (Pt. 1) 1; (1994) 6 NWLR (Pt. 352) 506.
RATIONES DECIDENDI
WHEN ESTOPPEL PER REM JUDICATAM OR ESTOPEL OF RECORD ARISES
Estoppel per rem judicatam or estopel of record arises where an issue of fact has been judicially determined in a final manner between the parties or their privies by a court or tribunal having jurisdiction in the matter and the same issue comes directly in question in subsequent proceedings between the parties or their privies. (Per Onnoghen, JSC)
METHODS FOR PROVING OWNERSHIP OR TITLE TO LAND
It has been settled by long line of authorities from this court that ownership or title to land may be proved by any of these five methods, viz:
(a) by traditional evidence;
(b) by production of documents of title, which are duly authenticated;
(c) by acts of selling, leasing, renting out all or part of the land, or farming on it, or on a portion of it;
(d) by acts of long possession and enjoyment of the land; and
(e) By proof of possession of connected or adjacent land in circumstances rendering it probable that owner of such connected or adjacent land would, in addition, be the owner of the land in dispute” (Per Onnoghen, JSC)
BURDEN OF PROOF
“…..the law is that the said plaintiff must succeed on the strength of his own case and not on the weakness of the defence, although the plaintiff may take advantage of the defendant’s evidence where it supports his case”. (Per Onnoghen, JSC)
CASES CITED
1. Igwego V. Ezeugo (1992) 6 NWLR (Pt. 249) 561
2. Ogunrinde V. Ajamogun (1992) 6 NWLR (Pt. 246) 156
3. Udeze V. Chidebe (1990) 1 NWLR (Pt. 125) 141
4. Okukuje V. Akwido (2001) 3 NWLR (Pt. 700) 261, (2001) 2 SCM, 113.
5. Lawal V. Dawodu (1972) 1 All NLR (Pt. 2) 270
6. Fadiora V. Gbadebo (1978) 3 SC 219, (2002) 3 SCM, 157
7. Odejewedje V. Echanokpe (1987) 1 NWLR (Pt. 52) 633
8. Ezeanya V. Okeke (1995) NWLR (Pt. 388) 142
9. Dokubo V. Omoni (1999) 8 NWLR (Pt. 616) 647
10. Nkanu V. Onun (1977) 5 SC 11.
11. Idundun V. Okumagba (1976) 9 – 10 SC, (2001) 6 SCM, 186, 227
12. Nkado V. Obiano (1997) 5 NWLR (pt. 503) 31
13. Onwugbufor V. Okoye (1996) 1 NWLR (Pt. 424) 252.
STATUTES REFERRED TO
THE EVIDENCE ACT, 1990.
