CASE TITLE: MOHAMMED & ORS v. LIMAN & ANOR (2026) LPELR-87126(CA)
JUDGMENT DATE: 29TH SEPTEMBER, 2026
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on a Declaration of Title to Land.
FACTS:
This appeal is against the judgment of the High of Niger State sitting at Minna Judicial Division delivered by Hon. Justice Mohammed S.A. Mohammed, on the 23rd day of January, 2025 in Suit No. NSHC/MN/97/2022. Wherein the Court held that the plaintiffs have proved better title to the land in dispute and are entitled to the judgment.
The Respondents were the Plaintiffs while the Appellants were the Defendants/Counter-Claimants. The suit arose from a dispute over the ownership of land, which led the Respondents to commence the action by Writ of Summons.
The Appellants entered appearance and filed their Statement of Defence and Counter-Claim, together with the depositions of their witnesses. At the trial, the Respondents called five witnesses. The Appellants, on the other hand, called three witnesses.
Upon conclusion of the hearing, the trial Court delivered its. The Court found that the Respondents had proved their case and consequently granted the reliefs sought by them. The Court also found the Appellants’ Counter-Claim to be without merit and dismissed same.
Being dissatisfied with the judgment, the Appellants approached the Court of Appeal.
ISSUES FOR DETERMINATION:
The appeal was determined on the following issues:
- Whether the learned trial Judge erred in law when he entered judgment in favour of the Respondent, who did not prove their case in accordance with the law, which occasioned miscarriage of justice?
- Whether the judgment of the trial High Court is against the weight of evidence.
- Whether the parties’ case was properly and adequately evaluated and whether the alleged contradictions are truly material in view of the plaintiffs’ Statement of Claim and the reliefs granted.
DECISION/HELD:
The appeal was dismissed.
RATIOS:
- APPEAL- INTERFERENCE WITH EVALUATION OF EVIDENCE: When an appellate Court can re-evaluate evidence
- EVIDENCE- EVALUATION OF EVIDENCE: Whether the record of Court must show how it arrived at its conclusion of preferring one piece of evidence to the other
- EVIDENCE- CONTRADICTION IN EVIDENCE: Nature of contradiction in evidence that would be fatal to a case or vitiate the decision of a trial Court
- JUDGMENT AND ORDER- WRITING OF JUDGMENT: Essential component of good judgment; whether a judge must conform to a particular style of judgment writing
- LAND LAW- ALIENATION/TRANSFER OF LAND: Whether a party can transfer any title/interest in land he does not own
- LAND LAW- POSSESSION OF LAND: Whether long possession confers title on a party
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