GANIYU KALE V MADAM T. COKER AND ORS
July 24, 2025PEENOK INVESTMENTS LTD V HOTEL PRESIDENTIAL LTD
July 24, 2025Legalpedia Citation: (1982) Legalpedia (SC) 95912
In the Supreme Court of Nigeria
Fri Dec 10, 1982
Suit Number: SC. 18/1982
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
PARTIES
ONYEMA OKEALAGO ONYEBUEKETHOMAS ONYEAHASI (For themselves and on behalf of the peopel of Mbaezi, Mbala and Isuochi) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st and 2nd set of defendants has adjourning land to that of the plaintiff. The land in dispute is the plaintiffs share, inherited from a common ancestor. The 1st and 2nd set of defendants trespassed into the Plaintiffs land.
HELD
The court held that this appeal lacked substance and dismissed it.
ISSUES
1. That the learned trial Judge erred in admitting Exhibit “F” in evidence even though the records shows that the said document was admitted with the consent of all the parties.
2. That the decision is against the weight of evidence.
RATIONES DECIDENDI
BURDEN OF PROOF IN DECLARATION OF TITLE TO LAND
1. “A long line of authorities have established that a plaintiff seeking a declaration of title to a piece or parcel of land must be able to prove its identity with certainty. Irikefe, JSC.
CASES CITED
1. Kwadzo v. Adjei – 10 WACA (1944) p.274
2. Udofia v. Afia – 6 WACA (1940) p.216
3. Okorie v. Udom – 5 F.S.C. (1960) p. 162.
STATUTES REFERRED TO
None
