CORAM

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SALIHU MODIBBO ALFA BELGORE, JUSTICE SUPREME COURT(Presided)

UWAIFO, JUSTICE, SUPREME COURT

UTHMAN MOHAMMED, JUSTICE SUPREME COURT

EMMANUEL OBIOMA OGWUEGBU, JUSTICE SUPREME COURT

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PARTIES

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1. CHIEF OJA OJAH2. CHIEF AJA EKE3. CHIEF EWA KANU4. CHIEF UFIA INYANG5. CHIEF IKANG INYANG6. UKEREKE UGO EGWU (For themselves and as representing Etono II Biakpan, Biase Development Council Area, Akamkpa Division) APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

Plaintiffs sought for an injunction restraining the defendants from entering a communal land.  ?

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HELD

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On the whole, this appeal is without substance and same is hereby dismissed with costs to the respondents against the appellants which I fix at N1000.00

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ISSUES

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“(i) Has the Court of Appeal any jurisdiction to affirm the judgment of the trial court entered in favour of the Plaintiffs/Respondents having regard to the provisions of Section 40 of the Land Use Decree?(ii) Was the Court of Appeal right in affirming or upholding the judgment of the trial court having regard to the conclusions which it arrived at on the facts and evidence adduced at the trial?”

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RATIONES DECIDENDI

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ONUS OF PROOF

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The law is settled that where a plaintiff leads evidence that the land in dispute is communally owned, the onus would shift to the defendant to establish that the land belongs to him exclusively.
Per IGUH, JSC

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CASES CITED

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Ntiaro v. Akpan (1918) 3 NLR. 10, Ikoku v. Ekeukwu (1995) 7 NWLR. (Pt. 410) 637,Abisi v. Ekwealor (1993) 6 NWLR. (Pt. 302) 643, Kodilinye v. Mbanefo Odu (1935) 2 WACA 336  Alao v. Ajani (1989) 4 NWLR. (Pt. 113) 1 at 17 and Alli v. Ikusebiala (1985) 1 NWLR (Pt. 4) 630. Salami v. Oke (1987) 4 NWLR. (Pt. 63) 1 at 16. See Onwuka v. Ediala (1989) 1 NWLR. (Pt. 96) 182 at 199 F & G.  Udeakpu Eze v. Samuel Igiliegbe and others (1952) 14 WACA 61

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STATUTES REFERRED TO

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None.

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