CORAM

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I. L. KUTIGI JUSTICE, SUPREME COURT

A. I. KATSINA-ALU JUSTICE, SUPREME COURT

D. MUSDAPHER JUSTICE, SUPREME COURT

I. C.ACHOLONU JUSTICE, SUPREME COURT

M. A. MUKHTAR JUSTICE, SUPREME COURT

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PARTIES

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OSAYEMWENRE AMAYO

APPELLANTS 

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OSAYENDE ERINMWINGBOVO

RESPONDENTS 

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AREA(S) OF LAW

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LAND MATTERS – TITLE TO LAND

 

 

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SUMMARY OF FACTS

The Plaintiff/Respondent claimed against the Defendant possessory title to a piece of land situate in Benin City and damages for trespass. The Plaintiff led evidence of how his grandfather deforested the land, settled thereon and how his father inherited the land. Judgement was given in favour of the plaintiff and the defendant appealed but his appeal was dismissed.

 

 

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HELD

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The appeal was dismissed and the Supreme Court held that the Respondent had proved his title to the land and his evidence was not debunked in anyway by the Appellant.

 

 

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ISSUES

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Whether the Plaintiff established his claim to possessory title to the land in dispute.

 

 

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RATIONES DECIDENDI

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PROOF OF OWNERSHIP

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“In a claim for title to land, the Plaintiff may adopt one or more of the ways of proving ownership, for example, traditional evidence or by means of evidence of acts of ownership or possession. The one or two of them may be sufficient to sustain the claim”: See Akunyili V. Ejidike (1996)5 NWLR (Pt. 449)381  Per. KATSINA-ALU, JSC.

 

 

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CASES CITED

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Atiti Gold Vs. Beatrice Osaseren 1990, 1 ALL NLR 125, at 134

Arose V. Arose, reported in (1981) 5 Supreme Court

Akunyili V. Ejidike (1996)5 NWLR (Pt. 449)381

 

 

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STATUTES REFERRED TO

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