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K. S. OKEAYA v. MADAM EKIOMADO AGUEBOR

(1970) JELR 41333 (SC)

Supreme Court  •  SC.58/1968  •  16 Jan 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

UDOMA, J.S.C. (Delivering the Leading Judgment)-This appeal is against the judgement of the High Court of the Mid-Western State, Benin Judicial Division. It has been brought by K. S. Okeaya-Inneh (hereinafter to be referred to in this judgement as the appellant). The appellant has complained against the judgement and has urged this Court to have it set aside on five grounds, which are as follows:

(1) The learned trial judge erred in law and on the facts in failing to observe that the plaintiff has failed to discharge the onus of proving that the land in dispute was the land alleged to have been sold to her by Jarin Robinson.

The learned trial judge erred in law and on the facts in finding that in 1961 Jarin Robinson gave the plot in dispute to the plaintiff in compensation for the loss of the plot originally sold to her as per exhibit A when

(a) there was absolutely no evidence to that effect;

(b) the plaintiff made no such claim either in her statement of claim or in her evidence.

"(…

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