EFFFIONG ODIONG MKPINANG & ORS V CHIEF EFFION NDEM& ORS

SUBJECT MATTER

LANDLAW – DECLARATION OF TITLE TO LAND

PROOF OF DECLARATION OF TITLE – NO OF MEANS TO PROOVE THAT CAN BE ADOPTED

EVALUATION OF EVIDENCE – DETERMINATION

PROOF OF DECLARATION OF TITLE – WHAT DETERMINES  WHETHER A PLAINTIFF HAS PROVED HIS CASE

It is trite that it is the pleadings and evidence adduced by a plaintiff for declaration of title that determines whether he has proved his case or not. In other words, proof of a claim for a declaration of title by means of traditional evidence is not mutually exclusive with other means of proving the claim” Per KUMAI BYANG AKA’AHS, JSC

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MR. LAMIDI RABIU V. MR. TOLA ADEBAJO

SUBJECT MATTER 

DAMAGES FOR TRESPASS AND DECLARATION OF TITLE

A preliminary objection as a threshold issue is a pre-emptive strike to scuttle the hearing of the appeal

A preliminary objection as a threshold issue is a pre-emptive strike to scuttle the hearing of the appeal. It has to be disposed of before any further step can be taken in the appeal.” Per Nwali Sylvester Ngwuta, JSC.

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ALHAJI GANIYU M.B. ISEGBEKUN & ANOR V. ALHAJI SIKIRU GBERIGI ADELAKUN & ORS

SUBJECT MATTER

DECLARATION OF TITLE TO LAND

WHEN TO RAISE LATENESS OF FILLING APPELLANTS BRIEF

PRINCIPLE OF LAW GOVERNING THE PROOF OF CIVIL SUITS

POWER OF SUPREME COURT TO AMEND ANY DEFECT OR ERROR IN THE RECORD OF APPEAL

DECLARATION OF TITLE TO LAND BY TRADITIONAL HISTORY

WHEN TO RAISE LATENESS OF FILLING APPELLANTS BRIEF

WHEN PROOF OF THE IDENTITY OF A LAND IS NOT NECESSARY

GROUNDS OF PROOVING TITLE TO LAND

REASON FOR ESTABLISHMENT OF THE IDENTITY OF A LAND
“The reason for the desirability of the establishment of the identity of a land in dispute is to ascertain the property involved in a litigation, so as to avoid the granting of a piece of land or a part thereon to a party who is not entitled to it.” PER A.M. MUKHTAR, J.S.C

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FRANCIS ADESINA AYANWALE V. OLUMUYIWA OLUMIDE ODUSAMI

SUBJECT MATTER

DECLARATION OF STATUTORY RIGHT OCCUPANCY

EVIDENCE        

Title to land – Ascertainment of land in declaration of title to land

EvidenceOnus of Proof

Title to landWays to prove title to land

Tracing root of titlecontinuous chain of devolution

Traditional Evidencepossession of land for 20 years or a long time

Presumptions as to proof of ownershipproof of possession

Trace of title to the same source  – First in time

In a claim for declaration of title to land, the starting point is the identity of land. The identity of the land must be clearly ascertained. The identity of land would be in issue if and only if the defendant in his pleadings disputed either the area of the land or its locationBODE RHODES – VIVOUR JSC

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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

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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

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Ireju Nwokidu And Ors V Mark Okanu

Subject Matter:
Land Law; Declaratory Action – the onus is on the plaintiff to prove his case.
Evidence: weight of Evidence: Factors considered in determining same.
Appeal: where in civil trials the finding or non finding of facts by a trial court is questioned on appeal; what the appellate court needs to know.
Title to Land: What the plaintiff must prove to succeed.

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