OJIBAH V. OJIBAH

• Pages: 130-144

130

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NIGERIAN SUPREME COURT CASES

[1991] 2 N.S.C.C.

communities taking into account their historical background must be considered

to avoid boundary clashes and avoidable litigation.

In sum, I will allow the appeal. The judgment of the Court of Appeal is set aside

and the judgment of the trial court is hereby restored. I abide by the order of costs.

Appeal allowed.

OJIBAH V. OJIBAH

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1

MICHAEL IFEANYI OJIBAH

V.

UBAKA OJIBAH

APPELLANT

RESPONDENT

APPEAL NO. SC. 128/88.

1

SUPREME COURT OF NIGERIA

UWAIS,

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J.S.C.

KARIBI-WHYTE,

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J.S.C.

BELGORE,

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J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,

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J.S.C.

28th June, 1991.

Appeals - Concurrent findings of lower courts - Attitude of appellate courts thereto -

Arguing grounds of appeal as opposed to the issues for determination - propriety of .

Customary Law - Customary arbitration - Bindingness of - What a party rejecting same

must prove.

Evidence - Burden of proof of the due execution of a conveyance - On whom lies - Burden

of proof of the genuineness and validity of a deed of gift - On whom lies - Presumption

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'7o

of due execution under section 122 of the Evidence Act - When applicable - Onus to

show the dimensions and extent of land - On whom lies.

Interpretation and Construction - Section 122 (Now section 123) Evidence Act cap. 112,

1990 Laws of the Federation.

LandLaw - Declaration of entitlement to statutory right of occupancy - trespass to land -

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4

Injunction - Interrelatedness of - Proof of - Action for trespass to communal land

-

How proved

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Genuineness and validity of a deed of gift

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Proof of due execution thereof

- Making a survey plan after execution of a deed of gift and after the donor's death -

Effect of - Survey plans - When dispensed with - When filed - Effect of failure to file

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L

when necessary - An invalid document - Legal status of

Practice and Procedure - Allegation of fraud - How pleaded - Failure to file a survey plan

of a disputed land with pleading in a claim for a right of occupancy - Effect of

Words and Phrases - Fraud - Meaning of