CORAM

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MUHAMMADU LAWAL UWAIS CHIEF JUSTICE OF NIGERIA (Presided)

SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT

SYLVESTER UMARU ONU JUSTICE, SUPREME COURT(Read the Leading Judgment)

ANTHONY IKECHUKWU IGUH, JUSTICE, SUPREME COURT

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PARTIES

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1. ABEL NKADO2. JONATHAN NKADO3. MARCEL MBANISI(For themselves and on behalf of members of Umu-Onadili family APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The case giving rise to the appeal herein is in relation to a land dispute wherein the laintiffs/respondents claimed in representative capacities as against the defendants/appellants who defended in their representative capacities for: title to the land in dispute, damages for trespass and  perpetual injunction.

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HELD

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In the result, this appeal lacks substance and it accordingly fails. I therefore dismiss it and award costs assessed in the sum of N1,000 against the appellants in the respondents’ favour.

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ISSUES

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1. Whether the Court of Appeal was right in affirming the decision of the trial court that, on the pleadings and evidence, the plaintiffs/ respondents were entitled to a declaration of title to the land in dispute on four out of the five usual methods of proving title to land including the application of the principle in Kojo II v. Bonsie; whether the plaintiffs/respondents proved their claim and were entitled to a declaration of title on grounds of traditional evidence.2. Whether the Court of Appeal was right in affirming the decision of the trial court that the defendants/appellants were strangers in Again and migrated from Arondizogu.3.  Whether from the facts and circumstances of this case, the Court of Appeal was in error in affirming the decision of the trial court which invoked section 45 of the Evidence Act in favour of the plaintiffs/respondent.?

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RATIONES DECIDENDI

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WHAT A PLAINTIFF WHO RELIES ON TRADITIONAL HISTORY IN PROOF OF A CLAIM FOR DECLARATION OF TITLE TO LAND MUST DO

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It is now trite law that a plaintiff who relies on traditional history in proof of a claim for declaration of title to land must lead evidence to show the root of his title; and this includes how his ancestor had come to own the land in the first place and how the land devolved over the years on the claimant family until it got to the claimant. PER ONU,

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CASES CITED

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Idundun v. D.E. Okumagba & Ors (1976) NMLR 200 at 210; (1976) 10 SC 227Fasoro v. Beyioku (1988) 2 NWLR (Pt. 76) 263 at 271-272Balogun v. Akanji (1988) 1 NWLR (Pt. 70) 301 at 323Okechukwu v Okafor (1961) 2 SCNLR 368; (1961) 1 All NLR 685.Kodilinye v. Odu (1935) 2 WACA 336 Bello v. Eweka (1981) 1 SC 101Elafisoye v. Alabetutu (1968) NMLR 298

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STATUTES REFERRED TO

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None

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