INTRODUCTION:
This appeal borders on Proof of Title to Land.
FACTS:
This appeal is against the decision of the High Court of Taraba State. The controversy revolves around the ownership of a parcel of land situate at Zavonranti Village in Yorro Local Government Area of Taraba State. The Appellants (as plaintiffs) claimed declaratory, injunctive and monetary reliefs in respect of the said parcel of land against the Respondents (as defendants) jointly and severally. The specifics of the reliefs sought (as endorsed in the writ of summons and accompanying statement of claim) are:
“1. AN ORDER of declaration that the Plaintiffs are the persons entitled to be granted the right of occupancy to the parcel of land lying and situate at Zavonranti Village of Yorro Local Government Area of Taraba State; bounded on the North by the compound of Daaka Mantari, the 2nd Plaintiff which is not in dispute in this case; South by the compound of Mading Votto; East by the compound of Abba Jike, the 1st Plaintiff which is not in dispute in this case and West by the Mayo Gwoi River.
2. AN ORDER of declaration that the actions of the Defendants in concert by entering upon the land and erecting round huts and occupying same without the consent or authority of the Plaintiffs first sought and obtained, are done to deprive the Plaintiffs of their land and same constitute acts of trespass.
3. AN ORDER of Court against the Defendants to remove their structures and whatever they brought on the Plaintiffs land and vacate same in favour of the Plaintiffs.
4. AN ORDER of Court for perpetual injunction restraining the Defendants by themselves, their privies, heirs, agents, workmen, personal or legal representatives from further acts of trespass on the land.
5. The sum of Ten Million Naira (N10,000,000.00) general damages for trespass against the Defendants.
6. Costs of filing and prosecution of the suit.”
Issues were joined and the lower Court conducted a full-dressed trial, whereat the Appellants and the Respondents called four and seven witnesses respectively. In a reserved judgment delivered on 26/10/23, the Court dismissed the claim.
Being dissatisfied, the Appellants lodged this appeal.
CASE TITLE: Jike & ORS v. Saidu & ORS (2023) LPELR-60581(CA)
JUDGMENT DATE: 22ND JUNE, 2023
PRACTICE AREA: LAND LAW (TITLE TO LAND)
LEAD JUDGMENT: PETER OYINKENIMIEMI AFFEN, J.C.A
ISSUES FOR DETERMINATION:
The appeal was determined on:
“Whether from the totality of evidence led at the trial, the Appellants discharged the onus of proof necessary to entitle them to the reliefs claimed.”
DECISION/HELD:
The appeal was allowed.
RATIOS:
- LAND LAW – IDENTITY OF LAND – Duty of a plaintiff/claimant to establish the identity of land in dispute; Exception(s) to the rule
- LAND LAW – IDENTITY OF LAND – Whether the identity of land will be in issue where boundaries are differently named or described
- LAND LAW – COMPETING INTERESTS IN LAND – Position of law when there is a dispute of land between two parties with competing interest
- EVIDENCE – PROOF OF TITLE TO LAND – Whether a party must succeed on the strength of his case in an action for declaration of title to land
- LAND LAW – COMMUNAL LAND – Whether a party claiming ownership of communal land must plead and prove an unbroken chain of ownership from the founding ancestors to themselves
- EVIDENCE – PRESUMPTION OF OWNERSHIP – Circumstance where the presumption of ownership of land cannot stand
- LAND LAW – ROOT OF TITLE – Duty of a party whose root of title is founded upon a grant by a particular person, family or community to plead and prove the origin of the title of such person, family or community
- LAND LAW – TITLE TO LAND – Whether a party in a land dispute can rely on the title of a third party
- LAND LAW – POSSESSION OF LAND – Principles of law on possession of land; when acts of possession will be held to be trespass
- LAND LAW – TRESPASS TO LAND – Whether once a party proves trespass he is entitled to damages
- DAMAGES – GENERAL DAMAGES – Guiding principles for the award of general damages for trespass to land
This is very instructive.