(2011) JELR 46045 (CA)    

Court of Appeal  ·  CA/E/34/1989 ·  7 Jul 2011 ·  Nigeria
ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
burrow pits
evidence act
trial court
amended statement of defence
learned trial judge
traditional history
evidence of traditional history
trial judge
traditional evidence
grounds of appeal
acts of possession
evidence of the plaintiffs
favour of the defendants
founder of the land
evidence of dw
evidence of the defendants
statement of defence
better title
exclusive possession of the land
plaintiffs family
recent years
traditional evidence of title
aspect of the evidence
chequered history
competing evidence
consequence of the plaintiffs
contemporaneous acts
decision of the trial judge
defendants parts
din v.
enugu division of this court
evidence of their occupation of the adjacent land
exclusive possession of lands
factual evidence
high court
high court of rivers state
kaiama customary law
leading judgment
learned trial judge hold
learned trial judge right
members of land ownership
own lands
pieces of evidence
plaintiffs evidence of traditional history
respect of burrow pits
said ayakorogbo lane
stronger evidence of traditional history
trial court right

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This case has a very chequered history. It was first filed in January 1981 and numbered as AHC/56/81 at the High court of Rivers State sitting at Ahoada in Ahoada Judicial Division. When Yenagoa Judicial Division was created out of Ahoada Judicial division it was transferred to the High court at Yenagoa and renumbered as YHC/11/82.

ON 17TH March, 1988 F. F, Tabai, J. (as he then was) delivered judgment in the suit wherein he found inter alia at page 122:

Thus, in the traditional history as to the founder of the land in dispute the evidence of the plaintiffs is slightly stronger and tends therefore to confer a better title to the land in dispute. But in the light of the other competing evidence from the defendants parts of which I have accepted I conceive that it will be inequitable to confine myself to the evidence of traditional history to ascribe title to the land in dispute on any of the parties. According to Oputa, JSC in AWOYA…

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