CORAM
ANIAGOLU JUSTICE, SUPREME COURT OPUTA KAWU NNAMANI JUSTICE, SUPREME COURT JUSTICE, SUPREME COURT JUS
UWANI MUSA ABBA AJI
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. OKPALA EZEOKONKWO2. LINUS EZEOKONKWO3. GILBERT EZEOKONKWO(For themselves and on behalf of Umu Muora family of Aguluezechukwu) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed title to the land in dispute on the basis of contradictory traditional history and the evidence of possession given by the defendant was found more credible.
HELD
The court held that the two lower courts were right in dismissing the claim.
ISSUES
1. Whether having regard to the pleadings and evidence led, the Court of Appeal was right in affirming the judgment of the trial court on the issue of declaration of title, trespass and perpetual injunction in respect of the land in dispute.2. Whether the Court of Appeal was right in affirming the decision of the trial court, to the effect that the Mbamisi Native Court case No. 181/31, Exhibit B, did not constitute estoppel per rem judicatam in the present case.3. Whether the Court of Appeal was right to have affirmed the refusal by the trial court to enter judgment for the appellants with regard to the two small parcels of land jutting out on the east and west of the land in dispute and forming part and parcel of the said land in dispute shown verged pink in the appellants’ plan, Exhibit A, when the respondents did not join issue with the appellants in respect thereof.
RATIONES DECIDENDI
WHO CAN SUE FOR TRESPASS TO LAND
Where, as in the present case, two parties are on a piece or parcel of land claiming possession thereof, the possession being disputed, trespass will be at the suit of that party who can show that title of the land is in him- Iguh J.S.C
PROOF OF TRADITIONAL HISTORY
A plaintiff who seeks title to land and relies on traditional history must, to succeed, plead the root of his title and the names and history of his ancestors and lead satisfactory evidence in proof thereof- Iguh J.S.C
CASES CITED
Kodilinye v. Mbanefo Odu 2 W.A.C.A. 336 at 337,Frempong v. Brempong 14 W.A.C.A. 13,Woluchem v. Gudi (1981) 5 S.C. 291Alade v. Lawrence Awo (1975) 4 S.C. 215 at 228,Olujebu of Ijebu v. Oso (1972) 5 S.C. 143 at 151,Idundun and others v. Daniel Okumagba (1976) 9 – 10 S.C. 227Mogaji v. Cadbury Nigeria Ltd. (1985) 2 N.W.L.R. (Part 7) 393 at 423, 431,
STATUTES REFERRED TO
None.