UMEOJIAKO & ANOR. V. EZENAMUO & ORS.

• Pages: 169-183

UMEOJIAKO & ANOR. V. EZENAMUO & ORS.

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169

These conclusions dispose of this appeal. I therefore, agree with my learned

brothers, Agbaje, J.S.C., though for slightly different reasons that the appeal has no

merit. I hereby dismiss it with N500.00 costs to the respondent.

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WALT, J.S.C.:

I have had the privilege of a preview of the leading Judgment of my

learned, brother, Agbaje J.S.C. which has just been delivered I agree with the

reasoning and conclusion. For those same reasons I also dismiss the appeal and

agree with the consequential orders made by my learned brother. Agbaje, J.S.C.

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UMEOJIAKO & ANOR. V. EZENAMUO & ORS.

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EZEOKAFOR UMEOJIAKO & ANOR.

(For themselves and as

representative members of

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APPELLANTS

Akpalu family of Ikenga)

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V

AHANONU EZENAMUO & ORS.

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RESPONDENTS

SUIT NO. SC 81/1989.

SUPREME COURT OF NIGERIA

UWAIS,

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J.S.C.

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BELGORE,

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J.S.C.

AGBAJE,

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J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,

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J.S.C.

26th January, 1990.

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Land Law - Declaration of title to land - Onus on Plaintiff to prove case -Acts of possession

& enjoyment of land - Whether evidence of Ownership.

Evidence - Burden of proof - Ownership of land - Admissibility of traditional Evidence

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S.44 Evidence Act - Land matter - competent witness - wrongful Admission of evidence

- S.226(1) Evidence Act - Effect.

Practice and Procedure - Pleadings - Amendment - Applicable principle - Appeals -

concurrent findings of facts - Attitude of supreme court.

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ISSUES:

1.

On whom lies the onus of proof of ownership of land in a claim for declaration of

title?

2.

Who is a competent witness in an action for declaration of title to land?

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3. Whether acts of possession and enjoyment of land may amount to evidence of

ownership of land?

4.

What should be the attitude of the Supreme Court when it is faced with two

concurrent findings of facts by the lower courts?

5.

To what extent can a party amend his pleadings?

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FACTS:

The Plaintiffs, as representatives of Akpulu family of Ikenga, sued the defendants

claiming for a declaration of title to "Ike Ugwu Akpulu" land said to be situate at

Ikenga, Forfeiture of the portion of the said land granted to the defendants and for

trespass and perpetual injunction.