FATAI OLAYINKA V THE STATE
June 4, 2025ABAYOMI BABATUNDE V PAN ATLANTIC SHIPPING AND TRANSPORT AGENCIES LTD. & 2 ORS
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 31179
In the Supreme Court of Nigeria
Fri Apr 20, 2007
Suit Number: SC. 15/2002
CORAM
AKINTOL OLUFEMI EJIWUNMI JUSTICE SUPREME COURT
ADEMOLA, CHIEF JUSTICE OF NIGERIA
PARTIES
MOJEED SUARA YUSUF. APPELLANTS
MADAM IDIATU ADEGOKE & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The crux of the case is on the ownership of a piece of land which the respondent claimed to belong to their family by grant while the appellant/defendant claimed that they acquired same by first settlement. Both in essence claimed traditional history to find their title. The respondents despite their failure to lead credible evidence to substantiate their claim still got judgment which judgment was upheld by the court of appeal. The appellants have further appealed to the Supreme Court. ?
HELD
Appeal allowed.
ISSUES
Whether the court below could legitimately affirm the High Court judgment for the respondents on grounds expressly rejected by the respondents themselves, unsupported by any oral evidence led (which evidence conflicted with the pleadings), and never made out by the respondents.Whether the Court of Appeal’s use of Exhibit 6 in this case was appropriated?
RATIONES DECIDENDI
TITLE TO LAND MUST BE PROVED BY CREDIBLE EVIDENCE IN LINE WITH PLEADINGS OF PARTIES
“Again, in all cases of declaration of title to land, generally, like other cases, the burden of proof lies on the plaintiff to prove his case by credible evidence in line with his pleadings and his case will collapse if he fails to discharge that duty”.
CASES CITED
1. Kodilinye v. Odu 2 WACA 336
.2. Olufisoye v. Alabetutu (1968) NMLR 298
STATUTES REFERRED TO
NONE ?
