FRANCIS UDO EKPEYONG & ORS VS JOHN H. ESSIET & ORS
August 9, 2025CRUSADER INSURANCE CO (NIG) LTD VS EPHRAIM ANUNIKE
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 76177
In the Supreme Court of Nigeria
Fri Mar 21, 1975
Suit Number: SC. 217/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
1. FABIAN ONYEJEKWE 2. OFIAJU MBAJEKWE IN RE: OFIAJU MBAJEKWE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On 8th January, 1971, the action was commenced by the plaintiff in a representative capacity in the Onitsha High Court for declaration of title, damages and injunction. , the learned trial Judge granted the declaration sought by the plaintiff. It is from this decision of Egbuna, J., that the defendant have now appealed to the Supreme Court of the six grounds of appeal
HELD
That the 2nd defendant/appellant could not, and did not, in any way satisfy that burden of proof and that the doctrine of acquiescence cannot be invoked.
ISSUES
Whether the trial court was right when he held that the 2nd defendant failed to proof his title
Whether the 1st defendant/appellant can under the defence of laches and Acquiescence as raised in his pleadings.
RATIONES DECIDENDI
THE PLEA OF ACQUIESCENCE
There can be acquiescence even without undue delay, but that the acquiescence which will deprive a man of his legal rights by extinguishing his title must amount to fraud. -Per Daniel O. Ibekwe, JSC
ON WHOSE BURDEN LIES IN CLAIM FOR A DECLARATION OF TITLE
The onus of proof lies ab initio on the claimant to show that he is in fact entitled to the family land as against all other family members. It is for the party who is claiming family land to prove that he or she is the exclusive owner of such land.-Per Daniel O. Ibekwe, JSC
DECLARATION OF TITLE
It is settled law that declaration of title will only be made when the court is fully assured first, as to the precise nature of the title in respect of which a declaration is sought, and secondly, that there is evidence by which the court is satisfied that title of the nature claimed has been established.- Per Daniel O. Ibekwe, JSC
CASES CITED
Alhaja Sabalemotu A. Kaiyaoja & Ors. v. Lasisi Egunla (1974) 12 S.C. 55 at pages 68-69
Emegwara v. Nwaimo XIV WACA 347 at page 348
STATUTES REFERRED TO
