CORAM

A.B. WALI

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

U. MOHAMMED

PARTIES

MORRISON UDIH APPELLANTS

ELIZABETH IDEMUDIA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The defendant obtained a grant from the Oba of Benin to a parcel of land at at Okanaruovia Village in Ward 33A, Benin City, it was later approved by the Oba. The plaintiff applied to the Oba of Benin for a grant in respect of a piece land at Oka, the Oba gave approval. IN 1980 the two parties went into possession, later the defendant commenced building on the land and the plaintiff brought this action.

HELD

The Court dismissed the appeal and confirmed the judgment of the court of appeal.

ISSUES

1. Whether having regard to the state of the pleadings, the Court of Appeal rightly defined the onus of proof in this case as an onus on the plaintiff appel1ant to prove his title under Bini Customary Law? 2. Who of the parties had the burden to prove which Plot Allotment Committee had jurisdiction in respect of the land in dispute to recommend to the Oba of Benin for approval of a grant?

RATIONES DECIDENDI

CASES CITED

1. Kponuglo & Ors.v. Kodadja 2 WACA 24|2. Amakor v. Obiefuna (1974) 3 SC 67 at 75|3. Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745.

STATUTES REFERRED TO

Evidence Act, Cap, 112, Laws of the Federation of Nigeria|

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