AGANA & ORS V. EZEOKE & ORS

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NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

The appeal is dismissed without

costs to either side.

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AGANA & ORS V. EZEOKE & ORS

DAVID AGANA & 2 OTHERS

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APPEWLANTS

V

ALPHONSUS EZEOKE & 2 OTHERS

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RESPONDENTS

SUIT NO. FSC 27/1961

FEDERAL SUPREME COURT

UNSWORTH,

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F.J.

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TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

11th, January 1952.

Land Law- Declaration of title and possession - No establishment of extent of

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area in dispute - No Sufficient proof - Part of area formerly litigated upon

- Re,s Judicata - Onus of proof.

ISSUES:

1.

Whether court will make a declaration of title where there is uncertainty about

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the area of land in question.

2.

Whether the fact that an area which is only part of the land in dispute was subject

of a previous action would constitute

Res Judicata.

FACTS:

An appeal from High Court judgment refusing declaration of title and injunc-

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tion. Appellants claimed title via their ancestor and the respondents claimed the

land was arid communal land. Both parties pleaded a native Court action No.

137/55. Part of the land in dispute was a subject of this earlier action. Trial Judge

found for the respondents; on appeal to Federal Supreme Court.

HELD:

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1.

The appellants failed to prove a defined area to which they are entitled and to

which a judgment can be attached. This is fundamental to a claim for declaration

of title.

2.

The plaintiffs raised an issue which is either partly or wholly

res Judicata.

Anyway, it is looked at , it is an abuse of the Court's jurisdiction. If cannot be

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relitigated upon.

Mr. C.E. Shyngle, Mr. M.O.

Balonwu

with him for Appellants.

Mr. G.N.A. Okafor, Mr. AI. lguh

with him for Respondents.

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TAYLOR, F.J.:

This is an appeal from the judgment of Betuel, J. of the Onitsha

High Court, dismissing the plaintiff's claim for a declaration of title to land known

as Ani Ugilinze, and an injunction to restrain the defendants from interfering with

the plaintiff's ownership and possession of the said land.

The appellants and the respondents are members of two of the four quarters

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in Amichi, the former coming from the Udene quarter and the later from the Okpa-

la quarter. The Umueri family, the appellants, claim title to the land through their

ancestor, whom they allege was the first settler on the land. The Obiagu family,

the respondents, on the other hand, aver that the land in dispute was acquired by