CORAM

UWANI MUSA ABBA AJI

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT

PARTIES

1. MOSES OKHUAROBO2. IGNATIUS IGABOR3. BENJAMIN AKHIGBE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff gave evidence of purchase of the land in dispute contrary to gift pleaded and his other witnesses gave hearsay evidence of gift, he was however in possession. The defendants did not prove a better title.

HELD

The court (Kalgo JSC dissenting) restored the decision of the trial court refusing declaration of title but stated that the plaintiff was entitled to succeed on trespass and injunction.

ISSUES

1. Were the learned Justices right to interfere with or reverse the judgment of the trial Judge on the ground that plaintiff led satisfactory evidence in proof of his title? Or put in another way did the plaintiff on the evidence produced by him successfully establish the title he pleaded?2. Were the learned Justices right in the circumstances of this case in holding that the judgment of the learned trial Judge was perverse?3. Were the learned Justices right to apply the principle of priority of acquisition of interest or title under Benin Land Tenure against the Defendants in this case?4. Were the learned Justices right in their view that defendants ought to have called Omoruyi Omo in this case?”.

RATIONES DECIDENDI

CASES CITED

Adeshoye v. Shiwoniku 14 W.A.C.A 86.Olugbenro v. Ajagungbade III (1990) 3 N.W.L.R. (part 136) 37,Adebanjo v. Brown (1990) 3 (part 141) 661Adegbite v. Ogunfaolu (1990) 4 N.W.L.R. (Part 196) 578,Ojibah v. Ojibah (1991) 5 N.W.L.R. (Part 191) 29

STATUTES REFERRED TO

The Evidence Act

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