ADEKOLA ISHOLA VS FAYOYIN ABAKE & ANOR
August 20, 2025YESUFU SOKOTO VS THE STATE
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 11188
In the Supreme Court of Nigeria
Mon May 15, 1972
Suit Number: SC. 200/71
CORAM
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT (Read the Leading Judgement)
UDOMA JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
THE OLUJEBU OF IJEBU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff instituted an action for declaration of title to a disputed land between it and the defendant at the Ekiti Divisional Court in Ado and won. Being dissatisfied with this decision, the defendant appealed unsuccessfully against the decision of the Divisional Court at the Magistrate Court, High Court Akure, and the Western State Court of appeal respectively, and lost on all the three occasion, hence this appeal to the Supreme court.
HELD
The court held that the evidence on record show that the plaintiff have satisfactorily discharge the onus of proof as to title to the land in dispute, and was therefore entitled to judgment for declaration of title to the land as claimed.
ISSUES
Whether the Plaintiff discharged the onus of proof that he was entitled to the declaration he had sought.
Whether the western state Court of Appeal was wrong to have affirmed the judgment which had given the Plaintiff such a declaration.
RATIONES DECIDENDI
BURDEN OF PROOF IN CIVIL CASE
The law is that a plaintiff who seeks a declaration of title has the onus of proving that he was so entitled. He can do this either by adducing cogent evidence tradition or by giving evidence of positive and numerous acts of ownership pointing unequivocally to the fact that he was exercising dominion over the land in dispute or by giving evidence of both. PER COKER JSC
EFFECT OF VARIATION IN THE PANEL OF NATIVE COURTS
variations in the panel of Native Courts do not necessarily invalidate their decisions and that such complaints would do no more than impugn the soundness of the courts decision. – PER COKER JSC
CASES CITED
Adeigbe & Anor. v. Salami Kushimo & Ors. (1965) NMLR 284
Obazke Ogiamien & Anor. v. Obahon Ogiamien (1967) NMLR 245.
STATUTES REFERRED TO
Customary Courts Law, Cap. 31, Laws of Western Nigeria 1959.
