May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 28151 In the Supreme Court of Nigeria Fri Jan 22, 2010 Suit Number: SC.234/2002 CORAM PARTIES EMMANUEL CHIJIOKE ORLU APPELLANTS RESPONDENTS AREA(S) OF […]
CORAM
PARTIES
EMMANUEL CHIJIOKE ORLU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed ownership of the property by inheritance vides Ikwerre native law and custom. The trial court dismissed the claim and the court of appeal affirmed the decision of the trial court. The appellant has further appealed
HELD
Appeal dismissed
ISSUES
1. Which of the parties bears the onus of proof in this case? 2. Whether the respondent successfully discharged the onus on him to prove that James Orlu (appellant’s father) divested himself of his original right/title to the properly in dispute to his (respondent’s) vendor, Urum Kalu Ude
RATIONES DECIDENDI
BURDEN OF PROOF RESTS ON PARTY CLAIMING OWNERSHIP.
“It is settle law that once it is proved that the original ownership of property is in a party, the burden of proving that the party has been divested of the ownership rests on the other party.” Per Oguntade J.S.C
WAYS OF PROVING OWNERSHIP OF LAND
“As pronounced by this court in Idundun v. Okumagba (1976) 9-10 SC 227, there are five ways of proving ownership of land.” Per Fabiyi, JSC
BURDEN OF PROOF IN CIVIL MATTERS
“It is now settle that in civil matters, a plaintiff has the burden of proof to establish his claim. It does not shift to the defendant.” Per Fabiyi, JSC
HOW NATIVE LAW AND CUSTOM IS ESTABLISHED.
“Native law and custom are matters of evidence to be decided on the fact presented before the court in any particular case, unless it is of such notoriety and has been so frequently followed by the court that judicial notice would be taken of it without evidence required to proof.” Per Fabiyi, JSC
CASES CITED
1. Elias v. Disu (1961) All NLR (Pt. 1) 215 at 220.2. Idundun v. Okumagba (1976) 9-10 SC 227,3. Giwa v. Erinmilokun (1961) 1 All NLR (pt.2) 2944. Mosalewu Thomas v. Preston Holder (1946) 12 W.A.C.A. 78. Isiba v. Hanson (1967) 1 All N.L.R. 8.?
STATUTES REFERRED TO
1. Evidence Act