ELIAS V. OMO-BARE

• Pages: 92-104

ELIAS V. OMO-BARE



92

ELIAS V. OMO-BARE

5

ALHAJI ADEBOLA OLAKUNLE ELIAS

V

10 CHIEF TIMOTHY OMO-BARE

SUPREME COURT OF NIGERIA

.

UDOMA,



J.S.C.

APPELLANT

RESPONDENT

SUIT NO. SC 41/1981

SOWEMIMO,

15



OBASEKI,

ESO,

ANIAGOLU,

NNAMANI,

UWAIS,

20



14th, May 1982

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

Land Law - Declaration of title - Survey plan, essence of - Devolution of title

- Effect of contradictory traditional history

25



Evidence - Burden of proof - Declaration of title to land.

Practice and Procedure - Pleadings - Whether a pleaded document must be

produced at trial.

30

ISSUES:

1.

Whether a claim for title to land can succeed where the evidence of description

and identity of the land is uncertain.

2.

Must a specifically pleaded document be produced at the trial.

3.

Whether the evidential burden of proof in an action for declaration of title to

35



land is on the plaintiff.

4.

In an action for declaration of title to land, is absence of a survey plan fatal to

the case.

FACTS:

The appellant claimed against the respondent a declaration of title to a parcel

40



of land, an injuction restraining the respondent from committing further acts of tres-

pass, and possession of the said land. In his statement of claim, the appellant

pleaded that the respondent broke into and entered a portion of the said land and

commenced building thereon and that a plan of the said land showing the area

upon which the defendant trespassed upon would be tendered at the hearing of

45



the action. The appellant also pleaded that his root of title could be traced under

Yoruba customary law, to one Oshoja and that on his death, the land devolved on

Oshoja's named four children. Some named grandchildren of the aforesaid Os-

hoja as beneficial owners conveyed the land to the appellant under a deed of lease

dated January 5, 1962. The respondent on the other hand, by his pleading stated

50



that by a deed of conveyance dated January 24 1967 two plots of land were con-

veyed to him as purchaser for value by one Karimu Ajayi Aruba, a member of

lyade-Oshoja family, who had become the absolute owner of the land by virtue of

a deed of conveyance executed by the principal members of the lyade- Oshoja

family.