Items filtered by date: Friday, 10 March 2023
DECLARATION OF TITLE TO LAND - Who the law ascribes title to where parties in an action for declaration of title to land have defective titles
HELD:
UNCHALLENGED/UNCONTROVERTED EVIDENCE - Effect of unchallenged facts in a recital
HELD:
CLAIM FOR TRESPASS AND INJUNCTION - Whether a plaintiff can succeed on a claim for damages for trespass and injunction even where his claim for a declaration of title fails
HELD:
"Even if the evidence of both parties was unsatisfactory, the Court must still determine who had a right to the land between them on sound legal basis.
DOCUMENTARY EVIDENCE - When will a party be bound by a document
HELD:
INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) - Instances where the Supreme Court will interfere with concurrent findings of fact(s) by Lower Courts
HELD:
"The facts as now reviewed definitely justify the intervention of the Supreme Court to interfere with the concurrent finding of the Courts below on the question of who between appellant and respondent proved better title.
STATEMENT MADE BY INTERESTED PARTY - Whether statements made by persons interested when proceedings are pending or anticipated are admissible
HELD:
"EXHIBIT "F" was a minute book generated in-house by Respondent and his family members to be used as evidence that Kuforiji family had no interest in the land in dispute and thus advising Respondent to sue.
PRESUMPTION OF DUE EXECUTION OF DOCUMENT - Presumption as to statements in documents twenty years old
HELD:
"Of note is that oral evidence is not admissible to vary or contradict written documents.
INTERFERENCE WITH EVALUATION OF EVIDENCE - Duty of an appellate Court where an Appellant alleges that a trial Court had not properly evaluated the evidence led
HELD:
"In this case, appellant complained to the Court below about wrong evaluation of EXHIBIT "C" and "D" by the trial Court.
ORAL/DOCUMENTARY EVIDENCE - Whether oral evidence can be allowed to discredit or contradict a documentary evidence
HELD:
ROOT OF TITLE - Effect where claim of a parcel of land by Plaintiff is based on a conflicting root of title
HELD:
"The Respondent in his bid to establish a better title, set up a variety of inconsistent roots of title which did not go back as far as the Kuforiji family to whom it is accepted that the land originally belonged.
