LAGURO V. TOKU

• Pages: 249-263

LAGURO V. TOKU

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249

LAGURO V. TOKU

1.

ALHAJI KARIM LAGURO

2.

SIKIRU IDOWU

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APPELLANTS

(For themselves and on

behalf of other members

of Ibereko Community.)

V.

1.

HONSU TOKU (Bale of (toga)

2.

AKOVOBAWU VINABLEDE

(Bale of Zanmu)

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RESPONDENTS

(For themselves and on

behalf of Itogan Zanmu

Community.)

APPEAL No. SC. 136/1987.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,



J.S.C.

KAWU,



J.S.C.

BELGORE,



J.S.C.

AKPATA,



J.S.C.

BABALAKIN,



J.S.C.

14th February, 1992.

30

Evidence - Evidence of numerous acts of possession - Whether enough to confer title to a

claimant - Section 145, Evidence Act - Effect of presumption arising therefrom - Onus

on a party challenging the presumption.

Land Law -

Title to land - Acts of possession shown - Whether enough to confer title to a

35

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claimant - Section 145, Evidence Act - Applicability of - Trespass to land - How

established.

Legislation -

Evidence Act - section 145 - Effect of

Practice and Procedure -

Trespass alleged in the Statement of Claim but not in the writ of

40

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summons earlier issued - The Cour! of Appeal granting application to amend the

statement of claim thereby - Propriety of - Whether pleadings can be amended at any

stage - Limitations thereto - pleadings - Essence of

ISSUES:

45 1. On whom lies the onus of disproving the presumption created by section 145

of the Evidence Act?

2. What principles guide the court when considering an application for

amendment of pleadings?

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