MR SUNDAY ADEGBITE TAIWO .V. SERAH ADEGBORO,SOCIETE GENERAL BANK(NIG)LTD.ALHAJI TIJANI ASHIRU

SUBJECT MATTER:

 LAND LAW.

Practice and procedure: Precondition for a party to qualify as an intervener in a suit

Words and phrases: An intervener defined

Practice and procedure: Locus Standi ;  How party having same is determined

Practice and procedure: Auction of mortgaged property;  Need to follow due process before auction.

Court: Relief of repossession of auctioned property  when same will be granted.

Court: When the Supreme Court shall not tamper with the concurrent findings of  facts of the lower courts .

“Judicial admissions are conclusive. That is to say where a party agrees to a fact in issue ,it is no longer necessary to prove that fact. In effect after an admission no further dispute on the fact admitted should be entertained by the court. This is the strongest proof of the fact in issue” .Per Bode Rhodes- Vivour  JSC.

Click Here to View Case

BOSINDE AYUYA V. CHIEF NAGHAN YONRIN

SUBJECT-MATTER

LAND LAW

EVIDENCE – Onus on plaintiff to identify the disputed land

EVIDENCE – Res judicata; when can be pleaded and relied on

EVIDENCE – Difference between estoppel and res judicata

EVIDENCE – Evaluation of evidence; duty of trial court

 “A plaintiff in an action for declaration of title may plead and rely on a previous judgment in his favour not as res judicata but simply as an estoppel in the sense that it constitutes a relevant fact to the issue in the present action and the judgment will be conclusive of the facts which it decided”

Per Onnoghen J.S.C

Click Here to View Case

MRS. OLUWASEUN AGBOOLA V. UNITED BANK FOR AFRICA PLC & ORS

Subject Matters.

Land law.

Appeal – Raising of  fresh issues when a matter is on appeal.

Pleadings- Effect of raising issues not contained in pleadings.

Pleadings-  Need for parties to confine themselves  to their pleadings .

Practice and Procedure-  Whether a party can rely on the weakness of opponent’s case rather than prove his  case?

Practice and Procedure –Ownership of property – How  proved.

Land  law-  Status of a  purchaser who takes possession of land pursuant to an unregistered registerable instrument.

Land law- Status of persons who hold interest in land by virtue of a statute.

‘Anything outside the pleadings that is sought to form part of the trial must be ignored as it goes to no issue’

A.M Mukhtar JSC.

Click Here to View Case

BARTHOLOMEW ONWUBUARIRI & 3 ORS v. ISAAC IGBOASOIYI & 4 ORS.

SUBJECT MATTER-

COURT – Primary duty of a trial court.

COURT –     When the findings of a lower court will be set aside by an appellate court.

LAND LAW – Title to land –  whether it suffices to prove ones title by only one means.

PLEADINGS –  Effect of failure to tender necessary evidence in support of averment in pleading.

PRACTICE AND PROCEDURE – Action for declarative relief- Need for applicant to prove his case.

PRACTICE AND PROCEDURE – The circumstances under which an appellate court can receive additional evidence.

‘In other words, an admission of additional evidence on appeal in support of a pleading which was deemed abandoned by the lower court is the only way by which the principle of abandoned pleading following the non tendering of a pleaded document can be circumvented by law.’

-          per W.S.N Onnoghen.JSC.

Click Here to View Case

NEWMAN OLODO & 10 ORS V. CHIEF BURTON M. JOSIAH & 11 ORS

Subject Matter: Land Law – Title to Land

1. Re- evaluation of evidence by appellate court: when same should be done

2. Cases tried by Native or Customary Courts: Duty of the appellate court to look at the whole  proceedings and do substantial justice.

3. Claim for Declaration of Title to Land: Effect of witnesses  giving conflicting history of root of title.

4. Claim for Declaration of Title to Land: Effect of failure by party to file survey plan in support of claim. .

“An appellate court will not interfere with findings of fact except

where wrongly applied to the circumstance of the case or

conclusion reached was perverse or wrong… It is settled that

ascription of probative value to the evidence of witnesses is

pre-eminently the business of the trial court which saw

and heard the witnesses. An appeal court will not lightly

interfere with same unless for compelling reasons”

- per J. A. FABIYI JSC

Click Here to View Case

CLEMENT ODUNUKURE V. DENNIS OFOMATA

SUBJECT MATTER :Land Law.

Declaration of Title to land –what the claimant must prove to succeed.

Declaration of Title to land- Standard of proof ; preponderance of evidence .

Declaration of Title to land-Traditional history/ evidence of ownership; need to support same with contemporary events.

Declaration of Title to land- Effect of Section(45) now  46 of Evidence Act: whether same is conclusive  proof of ownership of land.

Practice and procedure-concurrent findings of  lower courts: when the Supreme Court will not tamper with same.

Practice and procedure-Grounds of appeal whether  grounds of law ,facts or mixed fact and law: how distinguished.

“Credibility precedes demeanour …traditional history is usually centuries old. It is passed down by word of mouth. Memories fade with time. There is bound to be unintentional mistakes when a witness says what he was told by his father or grandfather. The witness believes he is telling the truth. Surely demeanour cannot be of much use in such a situation..”

Bode Rhodes –Vivour ,JSC

Click Here to View Case

TIJANI JOLASUN V. NAPOLEON BAMGBOYE

Facts :
Appellant had been in possession of land and exercised rights of ownership for over 20 years before applying for registration with the Register of Titles, Lagos State. The Respondent opposed the application on grounds that it was family land belonging to his father. Respondent admitted that his father mortgage the said land but later paid up the mortgage. But he could not  produce the deed of release. The Register of Titles found for the appellant and was upheld by the High Court sitting on appeal .The Court of Appeal reversed the High Court and found for the Respondent. Appellant appealed to the Supreme Court.

SUBJECT MATTER:
Land Law: Registration of Title Law Cap 121 Laws of Lagos State applied
Evidence: Facts admitted need not proved
Evidence: The party that asserts has the onus to prove
Evidence: Concurrent findings of facts of lower courts – need for caution by appellate Court before disturbing same.
“The Registrar of Titles does not have power to declare title but merely registers it after investigation. His duty does not involve settling contentious evidence as to ownership of title between the parties wishing for first registration, but is confined to investigating evidence of title presented to him to ascertain if it is satisfactory for such registration. He will refuse first registration when it involves a decision as to ownership until the contending parties resolve their claims to title in court.”
per   O. O. Adekeye JSC.

Click Here To View Case

DANJUMA TANKO .V OSITA ECHENDU

Subject Matter:

Land  Law. Declaration of title to land

Evidence: Plaintiff succeeds on the strength of his case and not on the weakness of the case of the defence.

“A person who has title over a piece of land and in the exercise of his right as such owner leases the land to tenants is, in law in effective possession and can sue anybody in the world for trespass except his lawful lessee or tenant”

–Per Francis Fedode Tabai JSC

Click Here to View Case

CHIEF T. OKEOWO AND A.G. OF OGUN STATE

Subject matter Land Law- Acquisition of land-

The services of notice of acquisition of land according to Section 9(1)© of the Public Lands Acquisition Law, Cap.105 vol.15. Laws of Western Nigeria 1959. Concurrent findings of facts. The law is that “the evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a court of trial which saw, heard and duly assessed the witnesses. Where, as in the present case, a court of trial unquestionably evaluates the evidence and justifiably raises the facts, what the Court of Appeal ought to do is to find out whether there is evidence on record on which the trial court could have acted. Once there is sufficient evidence on record from which the trial court arrived at its findings of facts, the appellate court cannot interfere.” Per W.S.N Onnoghen JSC

Click to View Case

Alhaja Silifatu Omotayo V.Cooperative Supply Association

Subject Matter:

Land Law – Trespass to Land – Proof of evidence

Procedure: Order of injunction – Circumstances where the court will grant an injunction.

Damages – Where the Court can award damages on trespass to Land

Title to Land: Situations where a Licencee denies or challenges the title of the Landlord

Concurrent findings of facts: Where not disturbed by the Supreme Court

“It is settled that a Claim for trespass, is not dependent on a declaration of title.

Afterwards trespass, is an injury to a possessory right and therefore, the proper plaintiff in an action for trespass to Land, is the person who was or who is deemed to have been in possession at the time of the trespass.”

- per I. F. OGBUAGU JSC

Click here to view case