THE INCORPORATED TRUSTEES OF LADIES OF SAINT MULUMBA, NIGERIA V. MR. EDENO EKHATOR

AMINA ADAMU AUGIE, JSC (Delivering the Leading Ruling): The Applicant as Claimant, filed a Suit against the Respondent at the Edo State High Court, involving "a piece or parcel of land situate and known as Ward 40/B Aduwawa Area, Benin City"'. At the trial Court, the Parties pleaded and tendered separate Certificates of Occupancy issued by the Edo State Government, and the Issue boiled down to whether the Claimant established the identity of the land in dispute. In its Judgment delivered on 31/1/2017, the trial Court held that -

A Claimant - - who fails to prove the exact location or identity of the land it claims, cannot be said to have proved his title to land. After due consideration of the entire evidence adduced, I hold that Claimants have failed woefully to prove their case on the balance of probability as required by law. Accordingly, I hereby dismiss the Claimants' Suit in its entirety as lacking in merit.

The Applicant appealed and, in its Judgment delivered on 4/12/2019, the…