CLAIM FOR DECLARATION OF TITLE TO LAND – BURDEN OF PROOF IN A CLAIM FOR DECLARATION OF TITLE TO LAND  

 

Yinka Bright
Joined: 8 months ago
Posts: 114
03/09/2019 10:50 am  

“Again, although it is the law that in an action for declaration of title to land, a plaintiff must succeed on the strength of his case and not on the weakness of the defence because it is a discretionary relief and he has the burden of proof and will lose if no evidence is led, where the case of the defendant supports the case of the plaintiff, the plaintiff can take advantage of same in order to prove and establish his claim – Mogaji vs. Cadbury (Nig) Ltd (1985) 2 NWLR (Pt. 7) 393 and Wolchem vs Gudi (1981) 5 SC. 291.” PER A. D. YAHAYA, J.C.A., in

Bello Kwato Kwato V Alhaji Adamu Mai’gari Miji Yewa LER[2018] CA/A/728/2016 https://legalpediaonline.com/bello-kwato-kwato-v-alhaji-adamu-maigari-miji-yewa/


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