Circumstance(s) Where the Need to Prove the Identity of a Disputed Land Will be Dispensed With

CASE TITLE: AUDU v. DOKTA & ORS (2024) LPELR-63012(CA)
JUDGMENT DATE: 6TH NOVEMBER, 2024
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on land law.

FACTS:

This appeal is against the decision of the High Court of Gombe State sitting in its appellate jurisdiction in SUIT NO. GM/19A/2022: EPHRON DOKTA & ORS vs. PANIEL AUDU.

The provenance of the action is the land dispute between the parties, culminating in the Appellant instituting an action against the Respondents herein at the Upper Area Court, Kaltungo (the trial Court). The Respondents also counterclaimed against the Appellant. Testimonial and documentary evidence was adduced before the trial Court which entered judgment for the Appellant herein. The Respondents herein were dissatisfied with the decision of the trial Court, and they appealed against the same to the High Court of Gombe State (the lower Court). After the hearing, the trial Court allowed the appeal, set aside the decision of the trial Court wherein judgment had been entered for the Appellant, and in its stead, it entered judgment for the Respondents on their Counterclaim.

​The Appellant, piqued by the decision of the appellate High Court, filed this appeal.

ISSUE(S) FOR DETERMINATION:

The Court considered the evaluation of evidence and ascription of probative value carried out by the trial Court.

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:

• APPEAL- NOTICE(S) OF APPEAL: General principles of law on notice of appeal
• APPEAL- INTERFERENCE WITH EVALUATION OF EVIDENCE: Duty of trial Court to evaluate evidence and instance(s) in which an appellate Court will interfere; duty of an appellant who desires an appellate Court to interfere with the evaluation of evidence carried out by the lower Court
• COURT- NATIVE COURT: Approach of appellate court to proceedings and procedure adopted by Native Court where its judgment is on appeal
• EVIDENCE- ESTOPPEL PER REM JUDICATAM/RES JUDICATA: Conditions for a successful plea of estoppel per rem judicatam
• LAND LAW- IDENTITY OF LAND: Need for identity of land to be ascertained; When same can be dispensed with

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