The claim for trespass is not dependent on the success of a claim for declaration of title. Both are quite separate and independent of each other.

A plaintiff can succeed in trespass and injunction even where his title claim fails, so long as he establishes actual possession and that the defendant has…

A plaintiff who seeks a declaratory relief must show that he has an interest or right which forms the foundation for that right. The plaintiff must…

Where the foundation of a claim is anchored on appointment by kingmakers, the party must call the kingmakers to testify on the appointment. Failure to call…

Where proof on traditional evidence fails or is defective, in a claim for title to land, a court is entitled to consider or have recourse to…

Proofs of title by traditional history and acts of ownership are separate and parallel methods. A plaintiff may rely solely on traditional history or on both…

The Supreme Court will not interfere with concurrent findings of fact by the two lower courts unless there is a clear error either in procedure or…

Where the law declares a document inadmissible, the document cannot be admitted in evidence even where there was no objection or even where the parties consent…

Just as parties are bound by their pleadings, trial courts are equally bound by the pleadings and the issues raised by and in those pleadings. The…

Where an appellate court such as the Supreme Court is of the view that a consideration of an issue is enough to dispose of the appeal,…

A man ordinarily living in Maiduguri may be in possession of a vacant house in Lagos if he has the keys. However, possession capable of raising…

A declaration of an intention to amend does not amount to an amendment of the pleadings. The case of the plaintiffs therefore is as averred in…