CHIEF D.S. YARO V AREWA CONSTRUCTION LIMITED (IN RECEIVERSHIP) & 2 ORS
June 2, 2025EMAVWORHE ETAJATA & 2 ORS V PETER IGBINI OLOGBO & ANOR
June 2, 2025Legalpedia Citation: (2007) Legalpedia (SC) 73012
In the Supreme Court of Nigeria
Fri Jun 22, 2007
Suit Number: SC. 296/2002
CORAM
ALOYSIUS IYORGYER KATSINA-ALU CHIEF JUSTICE OF NIGERIA
PARTIES
PASTOR J. AKINLOLU AKINDURO. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Appellant claims ownership to a land and that it was the Respondent that prepared and signed the Agreement of Sale. Judgment was in favour of the Appellant at the trial court but was over ruled at the Court of Appeal.
HELD
The Supreme Court held that there was no valid sale of plot of land by the responded to the appellant ?
ISSUES
1. Whether there was a valid sale of a plot of land by the respondent to the appellant without Exhibit 1 being admitted in evidence. 2. Whether the learned justices of the Court of Appeal in their majority judgment were right to hold that the new point of objection on appeal raised for the first time in the Court of Appeal could be so validly taken and argued on appeal without the leave of the Court of Appeal being first sought and obtained as requested3. Whether the learned justices of the Court of Appeal in their majority judgment were right in holding that the claim for declaration of title by the appellant failed, after they had earlier in the same judgment held that the respondent was duty bound to hand over a plot of land at Tanke Ilorin to the appellant because the respondent had received payment for the plot.
RATIONES DECIDENDI
AN UNREGISTERED DOCUMENT CANNOT BE PLEADED
“An unregistered document affecting land must not be pleaded and neither is it admissible in evidence.” Per Aderemi, JSC
PLAINTIFF MUST RELY ON THE STRENGTH OF HIS CASE AND NOT ON THE WEAKNESS OF THE DEFENCE
“It is trite law that a plaintiff who claims declaration of title to land has a compelling duty to establish his case by credible evidence to the satisfaction of the court; the weakness of the case of the defendant will not avail him unless it is seen that there are averments in the statement of defence or even the testimonies of the defendant and/or his witnesses which support the case of the plaintiff.” Per Aderemi, JSC
CASES CITED
1. Johnson & Ors v. Lawanson & Ors (1971) 1 ALL N.L.R. 562. Akinola v. Oluwo & Anor. (1962) 1 ALL N.L.R. 2243. Ogunbambi v. Abowaba 13 WACA 224. Ossai v. Nwajide & Anor (1975) 4 S.C. 207
STATUTES REFERRED TO
Section 130 of the Evidence Act
