SANI IDRISU KARMALIYA V. SOKOTO STATE
July 30, 2025AKANNI OGUNDIMU V. THE STATE
July 30, 2025Legalpedia Citation: (1981) Legalpedia (SC) 11141
In the Supreme Court of Nigeria
Fri Jan 30, 1981
Suit Number: SC. 90/1979
CORAM
ANIAGOLU JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
VINCENT I. BELLO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant bought the land in dispute five weeks after the respondent had concluded the transaction of purchase from the common vendor and two days after, he had in fact got the approval for this transaction from the Oba of Benin.
HELD
The court dismissed the appeal
ISSUES
Whether the appellant discharged the onus of proof of the title to the land in dispute
RATIONES DECIDENDI
PROOF OF DECLARATION OF TITLE
“Where the court is called upon to make a declaration of a right, it is incumbent on the party claiming to be entitled to the declaration to satisfy the court by evidence, not by admission in the pleadings of the defendant that he is entitled. The necessity for this arises from the fact that the court has discretion to grant or refuse the declaration and the success of a claimant in such an action depends entirely on the strength of his own case and not on the weakness of the defence” Obaseki J.S.C
CASES CITED
Kodilinye v. Mbanefo Odu 2 WACA 336 at 337
STATUTES REFERRED TO
