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CaseLaw

Auta V. Ibe (2003) CLR 7(c) (SC)

Brief

  • Qui prior est tempore, potior est jure
  • Nemo dat quod non habet
  • Identity of land claimed
  • Certificate of occupancy
  • Customary right of occupancy

Facts

This is an appeal against the decision of the Court of Appeal Jos Division, by the Plaintiff who won her case in the High Court of Taraba State holden at Jalingo, Adamu Aliyu CJ; wherein the Plaintiff in her Amended Statement of Claim claimed against the Defendant as per paragraph 15 thereof as follows:-

"Whereof, the Plaintiff claims the following reliefs:-

  • a
    An order of declaration that the Plaintiff is the owner in possession of the piece or parcel of land lying and situate at Plot No.1 (B) Road, Misc JP3 layout, Jalingo.
  • b
    An order of perpetual injunction restraining the Defendant his agents, servants, privies, assigns or functionaries from further acts of trespass on the Plaintiff's land.
  • c
    An order of demolition of the purported illegal structures raised on the Plaintiff's plot.
  • d
    An order of N50,000.00 as general and aggravated damages for unlawful trespass and erection of illegal structure on the Plaintiff's land."

After the closing of pleadings including amendment, the trial commenced in which both parties led evidence and tendered documentary evidence, the Court also visited the disputed land. In its judgment delivered on the 29/11/1994, the learned Chief Judge found for the Plaintiff thus:-

"On the whole I am satisfied that the Plaintiff has title to the plot situate at No.1B Road JP 3, Jalingo and proceed to enter judgment for her in terms other claims and hereby make the following Orders;-

  • 1
    The Plaintiff is declared as the rightful owner of Plot 1B Road JP 3 Sintol ward, Jalingo.
  • 2
    The Defendant should demolish all structures erected by him on the said plot, and leave the plot vacant for Plaintiff's possession.
  • 3
    The Defendant should pay the sum of N20,000.00 to the Plaintiff as damages."

The Defendant felt aggrieved with the decision and appealed to the Court of Appeal Jos Division which reversed the lower Court judgment on the ground that the land allegedly granted to the Appellant was unascertainable.

Appellant appealed to the Supreme Court.

Issues

  • 1
    Whether the Appellant clearly ascertained or identified the land being...
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