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CaseLaw

Nwofor V. Obiefuna (2011) CLR 3(y) (CA)

Judgement delivered on March 23rd 2010

Brief

  • Pledge
  • Title to land
  • Evidence on fact not pleaded
  • Hearsay evidence
  • Onus of proof
  • Declaration of title to land

Facts

This is an appeal against the decision of the High Court of Anambra State sitting in Awka Judicial Division (herein referred to as the trial court), which on the 26th day of November 2000, dismissed in its entirety the plaintiff's suit in favour of the defendant.

In the trial court, the plaintiff claimed against the defendant the following:

  • 1.
    A declaration of title to all that piece or parcel of land situate at Enugu quarters, Ukunu village in Agulu town, Anambra State.
  • 2.
    General damage of N5, 000.00 for tresspass, and
  • 3.
    Perpetual injunction to restrain the defendant his servants, agents, and privies from interfering with the said land.

After pleadings were ordered, filed and duly exchanged, the case went to trial before F.C. NWIZU J. After both parties had closed their cases, learned trial Judge on 26th day of November 2000 dismissed all the reliefs which the appellant had claimed.

Being dissatisfied, the appellant appealed to this court.

Issues

  • 1.
    Whether the appellant proved his title to the land in...
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