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Principle Archive

5473 Principles 53 Areas of Law 26 Years Covered

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LAND LAW – Registration of Titles – Indefeasibility of Title – Effect of Sections 48 and 54 of Registration of Titles Law

Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC)

Land Law Supreme Court

Under sections 48 and 54 of the Registration of Titles Law, once a plot is registered, the title to it is indefeasible.

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LAND LAW – Registration of Titles – Challenge to Registered Title – Need for Rectification of Register

Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC)

Land Law Supreme Court

A registered title can only be successfully challenged through rectification of the register in accordance with the relevant statutory provisions.

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EVIDENCE LAW – Proof of Title – Plaintiff Must Succeed on Strength of Own Case – Weakness of Defence Cannot Strengthen Plaintiff’s Case

Ojo v. Azama (2001) NLC-1221995(SC)

Evidence Law Supreme Court

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…

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EQUITY AND TRUSTS – Priorities – Competing Equitable Interests – Where Equities Are Equal, First in Time Prevails

Ojo v. Azama (2001) NLC-1221995(SC)

Equity and Trusts Supreme Court

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

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CUSTOMARY LAW – Bini Customary Land Law – Oba’s Approval – Effect of Oba’s Approval Constitutes Complete Transfer of Legal Estate

Ojo v. Azama (2001) NLC-1221995(SC)

Customary Law Supreme Court

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…

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CUSTOMARY LAW – Bini Customary Land Law – Priority of Title – Earlier Grant Prevails Over Later Grant Where Equities Are Equal

Ojo v. Azama (2001) NLC-1221995(SC)

Customary Law Supreme Court

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…

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CIVIL PROCEDURE – Concurrent Findings of Fact – Supreme Court Policy – Non-Interference with Concurrent Findings

Ojo v. Azama (2001) NLC-1221995(SC)

Civil Procedure Supreme Court

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

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EVIDENCE LAW – Proof – Abandoned Property – Requirement of Tender of Government Gazette

Obulor & Anor v. Oboro (2001) NLC-1321997(SC)

Evidence Law Supreme Court

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…

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EVIDENCE LAW – Burden of Proof – Failure to Adduce Evidence in Support of Pleaded Case – Effect

Obulor & Anor v. Oboro (2001) NLC-1321997(SC)

Evidence Law Supreme Court

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…

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CIVIL PROCEDURE – Pleadings – Issue Joined – Determination Must Be Confined to Issues Joined

Obulor & Anor v. Oboro (2001) NLC-1321997(SC)

Civil Procedure Supreme Court

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…

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CIVIL PROCEDURE – Judgment – Basis of Judgment – Requirement of Legal Evidence

Obulor & Anor v. Oboro (2001) NLC-1321997(SC)

Civil Procedure Supreme Court

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…

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CIVIL PROCEDURE – Pleadings – Judgment Based on Matters Not Pleaded – Effect

Obulor & Anor v. Oboro (2001) NLC-1321997(SC)

Civil Procedure Supreme Court

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…

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