ENYIBROS FOODS PROCESSING COMPANY LTD & ANOR V NIGERIAN DEPOSIT INSURANCE CORPORATION
June 4, 2025DR. BASIL EJIDIKE V. LIONEL OGUEJIOFOR
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 12135
In the Supreme Court of Nigeria
Fri Mar 30, 2007
Suit Number: S.C. 273/2001
CORAM
WALTER SAMUEL OKANU ONNOGHEN, JUSTICE, SUPREME COURT
PARTIES
1. YESUFU OGEDENGBE2. CHIEF OWOLABI OMOTORIOGUN3. MR. ALUGBO ABERE4. MR. AUGUSTINE ATARI5. MR. AMOS ALARI6. MR. OGIDI EZEKIEL7. MR. ALABI OBE. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed against the appellants a declaration that the land in dispute belonged to them, injunction and damages. Judgment was in favour of the respondent, the appellant appealed.
HELD
The Supreme Court held that the contradiction in the respondent (then plaintiff’s) evidence on the identity of the land in dispute was not fatal to their claims for declaration and injunction.
ISSUES
1. Was the Court below right to have held that the apparent contradiction in the Respondents (then Plaintiff’s) evidence on the identity of the land in dispute was not fatal to the claims for declaration of title and injunction.2. Was the Court below right to have refused to order a retrial in view of the failure of the trial court to evaluate vital evidence.
RATIONES DECIDENDI
NATURE OF SURVEY PLAN
“Even where it is not reasonably possible to ascertain the location or identity or boundaries of the land in dispute, the production of a Survey plan, may be an answer to provide a solution to the problem.” – Per I.F. OGBUAGU, JSC
WHEN WILL THE COURT ORDER A RETRIAL IN A CLAIM FOR DECLARATION OF TITLE?
“it is only where a plaintiff, has failed totally, to prove his case and there is substantial irregularity apparent on the Record or shown to the Court, that an order for retrial will be made. But this is not the case in the instant case leading to this appeal.” Per I.F. OGBUAGU, JSC
NEED TO ASCERTAIN THE IDENTITY OF DISPUTED LAND.
“Before a declaration of title is given, the land which it relates, must be ascertained with certainty. The test being whether a Surveyor, can from the record, produce an accurate plan.” Per I.F. OGBUAGU, JSC
DECLARATION OF TITLE – ONUS ON PLAINTIFF
“In a claim for declaration of title to land, (as in the instant case leading to this appeal) the onus is on the plaintiff to prove title to a defined area to which a declaration, can be attached.” Per I.F. OGBUAGU, JSC
WHAT ORDERS WILL THE COURT MAKE WHERE THE PLAINTIFF HAS FAILED TO PROVE HIS CASE
“Where a plaintiff in an action for declaration of title, fails to prove the boundaries of the land he is claiming, he has failed by that omission, to prove his case and the proper order which the court should make in such circumstances, is usually one of dismissal of the claim.” Per I.F. OGBUAGU, JSC
CASES CITED
NONE
STATUTES REFERRED TO
NONE
