CORAM

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M.L. UWAIS, JUSTICE SUPREME COURT

A. KARIBI-WHYTE, JUSTICE SUPREME COURT

S.M.A.BELGORE, JUSTICE SUPREME COURT

P. NNAEMEKA-AGU, JUSTICE SUPREME COURT

A.B.WALI, JUSTICE SUPREME COURT

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PARTIES

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MICHAEL IFEANYI OJIBAH

APPELLANTS 

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UBAKA OJIBAH

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW-TITLE DOCUMENT-DEED OF GIFT-PROOF OF DUE EXECUTION-SURVEY PLAN

 

 

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SUMMARY OF FACTS

The appellant’s (as the Plaintiff) case was that the land in dispute was given to him by his late father, Mr. Francis U. Ojibah, in his life time, as a gift in appreciation of his brilliant academic performance.

 

 

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HELD

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The courts held that the appellant failed to establish the genuineness and validity of Exhibit “A”, the deed of gift which was the foundation of his claim to title to the land in dispute.

 

 

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ISSUES

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1. Whether the appellant established the genuineness and validity of the deed of gift, Exhibit “A”.

2. Whether the appellant proved with certainty the area given to him.

 

 

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RATIONES DECIDENDI

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PROOF OF TITLE THROUGH PRODUCTION OF DOCUMENT

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‘Although production of a document of title is one of the five ways of proving title: yet, a plaintiff who bases his claim to title upon such a document has the necessary duty of upholding its validity by proving its due execution and attestation unless in a situation where a presumption of due execution insures to his advantage.’ Per Nnaemeka-Agu J.S.C.

 

 

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WHEN PLAN IS NOT REQUIRED

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‘A plan is not an absolute necessity in every land case. Where it is certain that the parties know and are ad idem as to the location and boundaries of the land in dispute no plan is required.’ Per Nnaemeka-Agu J.S.C

 

 

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WHEN DONOR FAILS TO SHOW THE DIMENSION OF LAND SUBJECT OF GRANT

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‘It is for a donor or grantor to show the dimensions and extent of a piece of land which is the subject of a grant. Where he fails or neglects to do so and the donee or grantee purports to do so, particularly after the death of the grantor or donor, that would be an exercise in futility.’ Per Nnaemeka-Agu J.S.C

 

 

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CASES CITED

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Idundun & Ors. v Okumagba (1976) 9-10 S.C. 227, p. 246;

Piaro v Tenalo(1976) 12 S.C. 31,p. 37;

Chief Daniel Allison Ibuluya & Ors. v. Tom Benebo Dikibo & Ors. (1976) 6 SC. (Reprint)61; (1976)6  SC. 97, p. 107;

Atolagbe v Shorun (1985) 1 NWLR(Pt.2) 360

Alhaji A.W Elias v Alhaji B. A. Suleiman & 2 Ors. (1973)12 SC.(Reprint)93

 

 

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STATUTES REFERRED TO

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None.

 

 

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