CORAM
ANIAGOLU CHIEF JUSTICE, NIGERIA
NNAMANI JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
KARIBI-WHYTE JUSTICE, SUPREME COURT
PARTIES
PAUL CARDOSO (For himself and on behalf of the Estate of L.A. CARDOSO (Deceased) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents, children of one John St. Mathew Daniel, deceased, who died intestate commenced an action against Paul Cardoso, as representative of the children (family) of Lawrence Antonio Cardoso deceased. The claim was for declaration of title under native law and custom to a piece of land amongst others.
HELD
The Court held that all the grounds of appeal must fail and I so find. I will dismiss the appeal and affirm the decisions of the courts below.
ISSUES
NONE
RATIONES DECIDENDI
EFFECT OF FAILURE TO PROVE TITLE IN AN ACTION FOR DECLARATION OF TITLE.
“The principle is well established and is beyond argument, that in a case for declaration of title, if the plaintiff failed to prove his case, the proper verdict is one of dismissal.” Coker, JSC.
CASES CITED
1. Abraham Oguneye Jobi v. Peter Adewumi Oshilaja (1963)1 All N.L.R.
2. Nwokafor & Ors. v. Nwankwo Udegbe & Ors. (1963)1 All N.L.R. 104 p.107
3. Kodilinye v. Odu (1935) 2 W.A.C.A. 336- i
4. Amos O. Aro v. Salami Fabolude (1983) 1 SCNLR. 59. p.70, (1983) 2 S.C. 75, pp.105-106
5. Chief D.A. Ibuluya and Others v. T.B. Dikibo and Others (1976)6 S.C. 97 at p.104
6. Lawal v. Chief Dawodu and Anor. (1972)1 All N.L.R. (Pt.2)270 at p.282.
STATUTES REFERRED TO
Evidence Act