What A Claimant Relying on Inheritance as His Root of Title Must Prove

CASE TITLE: EKHAGUERE & ORS v. IZIBIRI & ANOR (2023) LPELR-60996(CA)
JUDGMENT DATE: JUNE 13, 2023
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: SYBIL NWAKA GBAGI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on Land Law.

FACTS:
This is an appeal against the judgment delivered by Honourable Justice E.O. Ahamiojie on February 27, 2020, wherein judgment was entered for the Respondents who were Defendants at the trial court, against the Appellants who were claimants at the trial court.

The Claimants/Appellants by writ of summons dated and filed on October 16, 2007, instituted this action against the Defendant/Respondent for:

(1) A declaration that the 1st Claimant is the one entitled to the declaration of over all the parcel of land measuring 100 feet by 200 feet situated at Iwogban Ward Area, Ikpoba Hill, and sharing a boundary with the plot of land of the late Oshioreme Zibiri.
(2) A declaration that the 2nd to 5th Claimants, for themselves and on behalf of Iwogban Community, are the ones entitled to a declaration of statutory right of occupancy and a certificate of occupancy over all that parcel of land measuring 200 feet by 200 feet situated at Iwogban Ward Area, Ikpoba Hill, Benin City, covered by a deed of transfer dated the 6th day of April, 1994, and facing Lucky Igbinedion Way, Benin City.
(3) An order of perpetual injunction restraining the defendants, their agents, servants, or any other person(s) claiming through them from further trespassing on the land.
(4) The sum of N999,000.00 (Nine Hundred and Ninety-Nine Thousand Naira) only as general damages to the claimants.

The Appellants, being dissatisfied with the judgment, appealed.

ISSUE(S) FOR DETERMINATION:
The appeal was determined on:

“Who among the parties has proved a better title to the disputed land?”

DECISION/HELD:
In the final analysis, the appeal was dismissed.

RATIOS:
• EVIDENCE – PROOF OF TITLE TO LAND – Ways of proving title/ownership of land/house
• LAND LAW – COMPETING INTERESTS IN LAND – Position of law when there is a dispute of land between two parties with competing interest
• LAND LAW – ROOT OF TITLE – What a claimant relying on inheritance as his root of title must prove
• EVIDENCE – STANDARD OF PROOF – Standard of proof in civil cases
• EVIDENCE – TRADITIONAL EVIDENCE/HISTORY – What is required of a person relying on evidence of traditional history in an action for declaration of title to land?
• ACTION – COUNTER-CLAIM – Effect of failure of a plaintiff to file a reply/defence to a counter-claim
• LAND LAW – INSTRUMENT OF TRANSFER – What is meant by instrument in Land Law?

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