CORAM

COKER,JUSTICE, SUPREME COURT

FATAYI-WILLIAMS,JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT

PARTIES

ONUORA ASEAGBA & ANOR (For themselves and on behalf of the people of Umudei Quarter Of Onitsha) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent and Defendant/Appellant both lay claim to a parcel to land and claim to have title. The plaintiff sued for declaration of title of ownership and possession and also claimed damages for trespass.

HELD

The Appeal was dismissed. It was held that there was ample evidence to support the claim of title of the Plaintiff/Respondent.

ISSUES

Whether the learned trial Judge failed to direct his mind properly as to the onus of proof imposed by law on the plaintiffs in a case of declaration of title to land.

RATIONES DECIDENDI

STANDARD OF PROOF FOR TITLE TO LAND

“The issue of title can only be decided when the totality and preponderance of credible evidence is ascertained, it is not enough to apply minimum standards of proof, it must be established with a fair degree of probability, the weakness of the defence will not establish the Plaintiffs title but it may help with other evidence to strengthen his claim” Per Sowemimo JSC.

CASES CITED

STATUTES REFERRED TO

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