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

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s