MARK KELE & ORS VS OKOMA NWEREBERE & ANOR
July 1, 2025MORRISON UDIH VS ELIZABETH IDEMUDIA
July 1, 2025Legalpedia Citation: (1998) Legalpedia (SC) 11018
In the Supreme Court of Nigeria
Fri Mar 6, 1998
Suit Number: SC. 195/1991
CORAM
A.B. WALI – JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT
PARTIES
MORRISON UDIH APPELLANTS
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
ONUS OF PROOF ON HE WHO ASSERTS
“The plaintiff who alleges that the defendant is a trespasser has the onus of showing that he has a better title.” Ogwuegbu, JSC.
CASES CITED
1. Kponuglo & Ors.v. Kodadja 2 WACA 242. Amakor v. Obiefuna (1974) 3 SC 67 at 753. Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745.
STATUTES REFERRED TO
Evidence Act, Cap, 112, Laws of the Federation of Nigeria
