Legalpedia Citation: (2013-01) Legalpedia (SC) 17715
In the Supreme Court of Nigeria
Fri Jan 18, 2013
Suit Number: SC. 227/2005
CORAM
E.O. I. AKPATA – JUSTICE, SUPREME COURT
PARTIES
THOMAS NRUAMAH APPELLANTS
REUBEN EBUZOEME
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/appellant instituted this action in a representative capacity against the defendant/respondent at the trial court claiming jointly and severally declaration of title to land. Subsequently, five out of the ten defendants filed a separate action against the plaintiffs/appellants which was later consolidated.
HELD
Appeal and cross appeal dismissed for being unmeritorious.
ISSUES
1. Whether the learned Justices of the Court below were right to have held that the appeal succeeded in part after having accepted and resolved the two issues in favour of the appellants and set aside the judgment in Suit No. HN/14/77Whether the Court of Appeal granted root of title to any party after agreeing with the trial Judge on the inclusiveness of the pleadings and evidence of parties?
2. Whether the Court of Appeal was not wrong in its abandonment of its constitutional duty of making a definitive determination in the appeal before it?
RATIONES DECIDENDI
ARBITRATION – ARBITRATION UNDER CUSTOMARY LAW
It is settled that where parties have agreed to submit their grievances to arbitration under customary law, they are bound by the outcome of such arbitration and can no longer re-litigate the issue in a court of law.” PER OLU ARIWOOLA, JSC
DECLARATION OF TITLE TO LAND – TRADITIONAL EVIDENCE IN PROOF OF TITLE TO LAND
“It is trite that a party who is relying on traditional history must specifically plead and prove the following before the trial court:
(a) Who founded the land?
(b) In what manner was the land founded?
(c) The names and particulars of successive owners through whom he claims.
–Per Olu Ariwoola JSC
DECLARATION OF TITLE TO LAND – PROOF OF TITLE TO LAND
It has long been settled that there are five methods by which title to land may be proved. They are:
(a) By traditional evidence
(b) By production of documents of title duly authenticated and executed
(c) By acts of ownership extending over a sufficient length of time numerous and positive enough as to warrant the inference of true ownership
(d) By acts of long possession and enjoyment
(e) Proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute.- Per Olu Ariwoola JSC
CASES CITED
D.O. Idundun & Ors. Vs. Daniel Okumagba (1976) 9- 10 SC 224 AT 227,LLAC Vol.1,177 at 190-191(2002)20 WRN127 at 186;(1976)1 NMLRPeter Ojoh Vs. Owuala Kamalu & 3 Ors. (2005)12 SCM332,(2005)12 SCNJ 236 at 261;(2005)18 NWLR (Pt. 958) 523 at 574-575Mogaji Vs. Cadbury (Nig.) Limited (2004) 23 WRN 54 ;( 1985) 2 NWLR (Pt. 7) 393Omoregie Vs. Idugiemwanye (1985) 2 NWLR (Pt. 5)41Kodilinye vs. Odu 1 LLAC 254Onwugbufor Vs. Okoye (1996) 1NWLR (Pt. 424)252/Akinloye Vs. Eyiyola (1968)NMLR 92Olujinle Vs. Adeagbo (1988) 2 NWLR (Pt.75)238Chief Kweku Assampong Vs. Kweku Amuaku & Ors.
STATUTES REFERRED TO
NONE