T. A. ACHONU V. NATIONAL EMPLOYMENT MUTUAL INSURANCE COMPANY (NIG.) LTD
August 6, 2025JAMES OBI ACHABUA V. THE STATE
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 41656
In the Supreme Court of Nigeria
Fri Dec 10, 1976
Suit Number: SC. 332/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
SUNDAY PIARO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents and appellants claimed title to the same parcel of land but the respondents claimed exclusive title thus requiring the appellant to seek permission from them before going on the land.
HELD
The court held that the evidence adduced by the respondents was insufficient to give judgement of exclusive title in their favour
ISSUES
Whether the evidence on which declaration of title was granted the respondent proved any customary title or exclusive title.
RATIONES DECIDENDI
PROOF OF OWNERSHIP
“A general statement of custom of the people without evidence of the activities of the people in support of the custom is of no evidential value in proof of acts of ownership to establish title or proof of title” PER OBASEKI JSC
PROOF FOR CLAIM OF TITLE
A plaintiff in a claim for title must succeed on the strength of his case and not on the weakness of his opponents case but a plaintiff is entitled to take advantage of any evidence adduced by the defence which tends to establish his title and support his case PER OBASEKI JSC
CASES CITED
KODILINYE V. MBANEFO ODU (1935) 2 WACA 336
NWANKWO UDEGBE & ORS V. ANACHUNA NWOKAFOR & ORS (1963) 1 ALL NLR 417
JOSIAH AKINOLA & ANOR V. FATOYINBO OYINBO (1962) 1 ALL NLR 224
ABINABINA V. CHIEF ENYIMADU (1953) AC 207
F.M. ALADE V. LAWRENCE AWO (1975) 4 S.C. 215
EKPO V. ITA 11 NLR 68; DACOSTA V. IKOMI (1968)1 ALL NLR 394
ADENLE V. OYEGBADE (1967) NMLR 136
LORD ADVOCATE V. LORD BLANTYRE (1879) 4 APP. CAS. 770
HIGGS V. NASSARUVINA LTD (1975) AC 464
STATUTES REFERRED TO
