May 9, 2025
Legalpedia Citation: (2014) Legalpedia (CA) 81543 In the Court of Appeal HOLDEN AT LAGOS Mon Jun 30, 2014 Suit Number: CA/L/461/2012 CORAM MUHAMMAD SAIFULLA MUNTAKA-COOMASSIE JUSTICE, COURT […]
CORAM
MUHAMMAD SAIFULLA MUNTAKA-COOMASSIE JUSTICE, COURT OF APPEAL
NWALI SYLVESTER NGWUTA JUSTICE, COURT OF APPEAL
OLUKAYODE ARIWOOLA JUSTICE, COURT OF APPEAL
PARTIES
1. CHIEF TALATIFU AJIWE (For themselves And descendants of Ajiwe)
2. IWO ELEMORO
APPELLANTS
CHIEF FATAI ABIODUN (The OLUMEGBON of Lagos)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs/Appellants instituted proceedings against the Defendant/Respondent for declaration over a piece of land and perpetual injunction against the Defendants amongst other reliefs. The court after due consideration dismissed the claim of the Plaintiffs/Appellants. The Appellants felt aggrieved with the judgment of the trial court and filed this appeal.
HELD
Appeal allowed
ISSUES
Whether the Appellants have established that they are owners of the land in dispute Whether there was an excision and if yes in whose favour?
RATIONES DECIDENDI
GROUND OF APPEAL – VALIDITY AND COMPETENCE OF A GROUND OF APPEAL
“It has been settled by case law that for a ground of appeal to be valid and competent it must relate to the decision being appealed against and should constitute a challenge to the ratio of the decision on appeal”.
GROUND OF APPEAL – WHEN IS A GROUND OF APPEAL INCOMPETENT AND LIABLE TO BE STRUCK OUT
“Where a good ground of appeal as formulated does not arise from the judgment and purports to raise and attack an issue not decided by the judgment appealed against, it is incompetent and liable to be struck out”.
GROUND OF APPEAL – PURPOSE AND SCOPE OF A GROUND OF APPEAL
“The purpose of a ground of appeal is to isolate and accentuate for attack the basis for the reasoning of the decision challenged. It must be fixed and circumscribed within a particular issue in controversy otherwise it is incompetent. The ground and particulars are suppose to show the faulty rationale which led to the decision or judgment by the lower court”.
GROUND OF APPEAL – PURPOSE OF PARTICULARS IN SUPPORT OF A GROUND OF APPEAL
“Particulars in support of a ground of appeal is a further elucidation or elaboration of the grounds of appeal and to give the Respondent the gist of the issues involved in the appeal. Particulars serve to state reasons for the complaint of the appellant in each ground”.
GROUND OF APPEAL – WHEN IS A GROUND OF APPEAL NOT DEFECTIVE
“Once that purpose is achieved a ground of appeal cannot be seen as defective.”
BRIEF OF ARGUMENT – ATTITUDE OF THE COURT TOWARDS INELEGANT FORMULATION OF AN APPELLANT’S BRIEF
“The mere fact that a counsel lacks the skill in the formulation of appellants brief does not make a court throw out the brief and in so doing punish the appellant for the mistake of counsel. An appellate court is under a duty to examine issues and resolve them on the merit.”
PROOF OF TITLE – DUTY OF A CLAIMANT WHO DESIRES TO PROVE TITLE BY DOCUMENTS OF TITLE
“A claimant, who desires to prove title by documents of title, is expected to also trace the root of his grantor as someone who has the right and capacity to grant him authority over the land.”
TITLE TO LAND – WHETHER MERE PRODUCTION OF DOCUMENT OF TITLE IS SUFFICIENT TO PROVE TITLE TO LAND
“It is trite that mere production of document of title does not necessarily carry with it automatic relief of grant of declaration relating to such Land, certain factors must be taken into account in the consideration.”
GAZETTE – WHAT IS A GAZETTE?
“The gazette is a Government instrument which was duly numbered and registered a in the State”.
SURVEY PLAN – WHETHER A SURVEY PLAN IS A SINE QUA NON IN ASCERTAINING THE LAND IN DISPUTE
“It is not in all cases that a surveying plan is a Sine Qua Non in ascertaining the land in dispute”.
COMMISSION OF INQUIRY – WHEN CAN THE REPORTS OF A COMMISSION OF INQUIRY BE REGARDED AS A PUBLIC DOCUMENT
“It is a standard practice that Reports of commission of Inquiry be first accepted and the Governments position is reflected in a white paper which is gazetted and it becomes a public document that can now be used in a court”.
PROOF OF TITLE BY TRADITIONAL HISTORY – WHAT A CLAIMANT SHOULD DO IN PROVING TITLE BY TRADITIONAL HISTORY
“It is settled that in proving title by traditional history that a claimant traces his roots to the first person who settled on the land”.
PROOF – PROGRESSION OF BURDEN OF PROOF IN CIVIL CASES
“The burden of proof in civil cases oscillates and it is not static as in criminal cases, it first starts with he who asserts, a claimant has the first duty to prove his assertion failing which that pleading is unproved.”
RESIDENCY AND INDIGENESHIP – DISTINCTION BETWEEN RESIDENCY AND INDIGENESHIP
“There is a distinction between residency and indigeneship. One can be an indigene of a place but not resident there and one can also reside in a place and not be indigenous to it.”
GROUND OF APPEAL – ESSENCE OF GROUND OF APPEAL – PURPOSE OF PARTICULARS OF ERROR
“The essence of ground of appeal is to avail the other party of the nature of the Appellant’s complaint in words that are not vague, and the purpose of particulars of error is to elucidate and advance reasons for the complaints in the grounds of appeal – see Abiodun V. FRN (2009) 7 NWLR (Pt. 1141) 489. In other words, particulars of error highlight the complaint against the Judgment on appeal.”
CASES CITED