CHIEF ABUSI DAVID GREEN V. CHIEF DR. E. T. DUBLIN GREEN
July 21, 2025EMMANUEL M.O. CHUKWUOGOR VS RICHARD OBIGIBO OBUORA
July 21, 2025Legalpedia Citation: (1987-07) Legalpedia (SC) 14106
In the Supreme Court of Nigeria
Thu Jul 9, 1987
Suit Number: SC. 148/1985
CORAM
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
BOONYAMIN OLADIRAN KAZEEM, JUSTICE, SUPREME COURT
CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT
PARTIES
UKARIWO OBASI OKO KALU (For themselves and as representing members of Umuoriri family of Agbo Ezi Ndioriri Family Compound Umueso Amaeke Abiriba)
APPELLANTS
EKE ONWUKA
AGO OGWO
OGWO ONWUKA
OKENWA IKWAN
ARO MBONU
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE TO LAND
SUMMARY OF FACTS
The Appellants/Plaintiffs sued the Respondents/Defendants claiming a declaration of title to the lots, pieces or parcels of lands, general damages for trespass to the said land, and an injunction permanently restraining the defendants from further interference with the said lands. Pleadings and plans were ordered, filed and duly exchanged and delivered. The trial judge dismissed the plaintiffs claim. The plaintiffs appealed to the Court of Appeal but the appeal was dismissed as well. The plaintiff further appealed to the Supreme Court
HELD
The appeal failed and was dismissed.
ISSUES
Error in Law
RATIONES DECIDENDI
THE GUIDING PRINCIPLE TO AVOID SURPRISES IS TO PLEAD ALL THE FACTS AT THE TRIAL
“The guiding principle here is that to avoid surprise to the opposite party the Plaintiff should plead all the facts and all the documents he intends to rely on at the trial of the case. During that trial he should establish by evidence oral or documentary, those facts on which his case rests and depends.” Per OPUTA, J.S.C.
CONDITIONS FOR ADMITTING FRESH EVIDENCE ON APPEAL ARE SO STRINGENT
“The conditions for admitting fresh evidence on appeal are so stringent that there are very very few cases if any in our Courts where such evidence was admitted.” Per
THE COURT THAT RECEIVES EVIDENCE HAS THE BURDEN OF ASSESSING IT
“Normally it is the Court that receives evidence that has the burden of assessing the evidence it received. It will be strange for one court to receive evidence and then send the evidence to another Court for appraisal or/and assessment and evaluation.” Per OPUTA, J.S.C.
THERE IS BOUND TO BE CONFLICTS IN TRADITIONAL STORIES
There is inevitably bound to be conflicts in the traditional stories of the parties. This does not mean that either side is lying. They may both be honest and truthful yet genuinely mistaken.” Per OPUTA, J.S.C.
PROOF OF TITLE BY TRADITIONAL EVIDENCE MUST BE PART OF MODERN HISTORY TO BE CONCLUSIVEPROOF OF TITLE BY TRADITIONAL EVIDENCE MUST BE PART OF MODERN HISTORY TO BE CONCLUSIVE
“Though proof of title by traditional evidence may have its roots in ancient history, it must have its stem and branches in modern history to be conclusive.” Per OPUTA, J.S.C.
CASES CITED
Twimahene Kojo 11 v. Opanin Bonsie (1957) 1 W.L.R. 1223; (1958) W.A.L.R. 257
Ladd v. Marshall (1954) 1 W.L.R. 1489 at p. 1491
Skone v. Skone (1971) 1 W.L.R. 812: (1971) 2 All E.R. 582
STATUTES REFERRED TO
Not Available
