"The substance of the claim in the instant case is declaration of title to land. This requires that the Plaintiff must succeed on the strength of his own case and not on the weaknesses of the defence. In the case of FASIKUN II VS. OLURONKE II (1994 NWLR (PT. 589) the Supreme Court held that the principle is well settled that in a claim for declaration of title, the Plaintiff must succeed on the strength of his case and not on the weaknesses of the defence, although any evidence adduced by the defence which is favourable to the Plaintiffs case will necessarily strengthen the case of the Plaintiff. See KODILINYE VS. MBANEFO ODU (1935) 2 WACA 336 @ 337; JOSIAH AKINOLA & ANOR. VS. FATOYINBO OLUWO & ORS. (1962) 1 SCNLR 352, (1962) 1 ALL NLR (PT. 11) 224 AT 225; IDUNDUN & ORS VS. DANIEL OKUMAGBA (1976) 9-10 S. C. 227; EGONU VS. EGONU (1978) 11-12 S.C 111 AT 130. PER IGUH, J.S.C. See also the cases of EGONU & 3 ORS. VS. EGONU & 3 ORS. (1978) 11-12 SC (REPRINT 82; ANIMASHAUN VS. OLOJO (1990) 6 NWLR (PT. 154) 111; MELIFONWU & ORS. VS. EGBUJI & ORS. (1982) 9 S.C. (REPRINT) 73; OHUKWUEKE VS. NWAKWO & ORS. (1985) 2 NWLR (PT. 6) 195, This proposition that a claimant must succeed on the strength of his case was agreed to by all the parties in this appeal."

Per ADAH, J.C.A. IN MBINA & ORS v. ENYA & ORS CITATION: (2017) LPELR-43532(CA)