It has been settled law for many years now that in a suit for declaration of title, the onus of proof lies on the plaintiff and…

Where the equities are equal, the first in time prevails.

The Oba's approval is not merely an administrative acknowledgment of the respondent's vendor's title, but indeed, marks the complete transfer to the respondent's vendor of the…

Under Benin Customary law, where there is a grant of the same land to two people, the earlier grant is superior to and better than the…

As the decisions of the two courts below constitute concurrent conclusions of fact, this court has made it a policy not to interfere therewith.

One would expect that the necessary Government gazette in which the property was published as abandoned property would be tendered. It was not. She did not…

The 1st appellant's case was simply that the property was offered to her by 2nd appellant; nothing more. It was not that Exhibit C was a…

Civil cases are decided upon what is put as an issue by the parties. The respondent relied on his deed of conveyance upon which no issue…

The judgment of a court must be based on all legal evidence before it; that is to say, on all that is pleaded and supported by…

It is surprising how trial judge, after the pleadings before him and the evidence which he carefully reviewed just like a sudden storm brought out an…

Every valid judgment delivered by a competent court is presumed to be right. The burden is therefore, on an appellant to show why the judgment he…

Although an appeal court is entitled, in its discretion, to take points suo motu if it sees fit to do so, yet that discretion must be…