May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 11157 In the Supreme Court of Nigeria Fri Jan 29, 2010 Suit Number: SC.125/2002 CORAM CHRISTOPHER MITCHEL CHUK WUMA-ENEH, JUSTICE, SUPREME COURT […]
CORAM
CHRISTOPHER MITCHEL CHUK WUMA-ENEH, JUSTICE, SUPREME COURT
PARTIES
1. IREJU NWOKIDU2. JAMES OGBUANUKU3. ISRAEL OKOROMA4. SUNDAY ORJI APPELLANT(S) / APPLICANT(S)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant in a representative capacity brought an action for the customary right of occupancy to land in Rivers. The lower courts dismissed the case
HELD
Appeal dismissed.
ISSUES
1. Whether the judgment of the Court of Appeal was consistent with the evidence tendered at the hearing of this case in the High Court. 2. Whether the evidence tendered in the High Court by the parties did in any way show that the land respectively called by parties as Aliazulo in Kreigani on the one hand and Ncharata in Aligwu on the other hand were one and the same land. 3. Whether the finding that the appellants were guilty of standing by was justified by the evidence tendered before the court and the plan of the land in dispute tendered by the plaintiff which clearly pointed to the piece of land over which Chief Ellah sued and the other piece of land on which Anumudu built as outside the land in dispute. 4. Whether the Court of Appeal was in error when it failed to hold that the finding of the trial court to the effect that the finding of this court is that from the totality of the evidence given the defendants are the owners of the entire land in dispute which is edged yellow in their survey plan amounted to a declaration of title to or affirmation of ownership of the entire land on the defendants who did not counter claim for such declaration or at all. 5. Whether reference by the appellants to the Lands Transfer Ordinance was intended as constituting proof of title by production of document only and whether the appellants unchallenged evidence that their predecessors were grantors noted in the Niger Lands Transfer Ordinance and the agreement of 4th January 1897 was not sufficient to tilt the scale in favour of the appellants.
RATIONES DECIDENDI
EFFECT OF A GENERAL GROUND OF FACT AGAINST TOTALITY OF EVIDENCE.
“A general ground of fact complaining against the totality of the evidence adduced at the trial. It is not against a specific finding of fact or any document and it cannot be used to raise any issue of law or error of law”. Per Adekeye J.S.C
WHAT PLAINTIFF IN DECLARATION OF TITLE TO LAND MUST PROVE.
“A plaintiff who claims a declaration of title to land must prove clearly the area of land to which his claim relates and the boundaries thereof. The land must be described with certainty so as to entitle him to an order of injunction.” Per Adekeye J.S.C
ONUS IN CLAIM FOR DECLARATION OF TITLE.
“In a claim for declaration of title like in all civil matters, the onus is on the plaintiff to prove his case.” Per Adekeye J.S.C
WHAT ENTITLES A PARTY TO A DECLARATIVE ORDER.
In order to be entitled to a declaration, a person must show the existence of a legal right, subsisting or in the future, and that the right is contested. Per Adekeye J.S.C
EFFECT OF COMPLAINT AGAINST WEIGHT OF EVIDENCE
“When an appellant complains that a judgment is against the weight of evidence, all he means is that when the evidence adduced by him is balanced against that adduced by the Respondent the judgment given in favour of the respondent is against the weight which should have been given to the totality of the evidence.” Per Adekeye J.S.C
WHAT PLAINTIFF RELYING ON EVIDENCE OF TRDITIONAL HISTORY MUST PROVE
“A plaintiff relying on evidence of traditional history must plead his root of title by showing not only his ancestors, but also how they came to own and possess the land and eventually pass it to him.” Per Adekeye J.S.C
CASES CITED
1. Ajibona v. Kolawole (1996) 10 NWLR pg. 476 pg. 22.2. Adigun v. A-G Oyo State (1987) 1 NWLR pt.53 pg.678. 3. Dantata v. Mohammed (2000) 7 NWLR pt.664 pg.176. 4. Alli v. Alesinloye (2000) 6 NWLR pt. 660 pg. 177. 5. Akinloye v. Eyiyola (1968) NMLR pg. 92. 6. Mogaji v. Cadbury Nigeria Ltd. (1985) 2 NWLR pt.7 pg. 393.?
STATUTES REFERRED TO
None