CORAM
CHRISTOPHER MITCHELL CHUKWUMA-ENEH
DAHIRU MUSDAPHER, JUSTICE. SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE. SUPREME COURT
IKECHI FRANCIS OGBUAGU, JUSTICE. SUPREME COURT
FRANCIS FEDODE TABAI, JSC (Lead Judgment), JUSTICE. SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE. SUPREME COURT
PARTIES
1. CHIEF THOMAS EKPEMUPOLO
2. MR. THOMPSON GBAMINIDO
3. MR. BENSON LAWEI4. CHIEF GOVERNOR EKPEMUPOLO
5. MR. PETER LAWEI(For themselves and on behalf of Kere Family of Egwa, Gbaramatu Clan, Warri)
APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Both parties claimed declaration of title to land, compensation and an injunction. Judgment at the trial court was given to the 1st respondent. The appellant’s appeal to the Court of Appeal was dismissed hence this further appeal.
HELD
Appeal allowed
ISSUES
NONE
RATIONES DECIDENDI
WHEN DECLARATION OF TITLE WILL BE GRANTED
A declaration of title to a piece or parcel of land can only be granted if the definite precise, and accurate boundaries of it are established. And the onus of proof lies on the Plaintiff who seeks a declaration of title to land and for an injunction to establish with certainty and precision the area of land to which the claim relates. Per Tabai, JSC
CASES CITED
1. Obiora v. Osele (1989) 1 NWLR (Part 97) 279
2. Okedare v. Adebara (1994) 6 NWLR (Part 349) 157;
3. Agbonifo v. Aiwerioba (1988) 1 NWLR (Part 70) 325;
4. Onwuka v. Ediala (1989) 1 NWLR (Part 96) 182;
5. Kwadzo v. Adjei (1944) WACA 274;
6. Araba v. Asanlu (1980) 5-7 Sc 78
STATUTES REFERRED TO
NONE