EXCEPTION TO THE RULE THAT A PARTY SEEKING DECLARATION OF TITLE TO LAND MUST SUCCEED ON THE STRENGTH OF HIS OWN CASE  

 

Yinka Bright
Joined: 8 months ago
Posts: 114
06/09/2019 10:56 am  

“In order to establish a claim for declaration of title, the claimant has the burden of proving his claim by a preponderance of evidence. He must succeed on the strength of his own case and not the weakness of the defence, if any. It is also settled that he would not be entitled to a declaration even upon admission by the defence. See; Onwogbufor Vs Okoye (1996) 1 NWLR (Pt.424) 252; Momoh Vs Umoru (2011) 15 NWLR (Pt.1270) 217: Akinduro Vs Alava (2007) 6 SC (Pt II) 120.An exception to the general rule is where there are averments in the statement of defence and/or evidence led by the defence, which supports the claimant’s case. See: Akinola Vs Oluwo (1962) 1SCNLR 352: Bello Vs Eweka (1981) 1 SC 101: Kodilinye Vs Odie (1935) 2 WACA 336 @ 337: Woluchem Vs Gudi (1981) 5 SC 291.” PER K.M.O. KEKERE-EKUN, J.S.C., in

Csp L.L. Anagbado V Alhaji Idi Faruk

LER [2018]SC.496/2016

APPEAL NO: SC.496/2016 https://legalpediaonline.com/csp-l-l-anagbado-v-alhaji-idi-faruk/


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