Ratio Decidendi

Per Onnoghen, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at p. 11; Paras A—C:

"A claim for declaration of title is provable by one of five recognizable ways/methods as laid down in the case of Idundun v Okumagba (1976) 10 NSCC 445. Though a plea of res judicata is not one of the five ways listed in Idundun v Okumagba supra, a successful plea of same is a relevant facts for the proof of title."

Explanation / Scope

This principle establishes that a claim for declaration of title is provable by one of the five methods in Idundun v. Okumagba, and a successful plea of res judicata is a relevant fact for proving title, though not one of the five methods. The principle applies in land title claims. It ensures that title is proved by recognized methods. The principle reflects the five methods and the role of res judicata. It allows res judicata as evidence of title. The court must consider res judicata. The principle provides guidance on proving title.

Cases Applying This Principle