Supreme Court 21ST FEBRUARY 2014.
Justices: MAHMUD MOHAMMED, J.S.C. (Presided)
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.S.C., BODE RHODES-VIVOUR, J.S.C.
KUMAI BAYANG AKA’AHS, J.S.C., JOHN INYANG OKORO, J.S.C. (Read the Leading Judgment)
Subject Matter(s):
Cause of Action
When determination whether a cause of action is disclosed, the court is to confine itself to the writ of Summons and Statement of claim or Originating Summons and not Statement of Defence
Respondent who has filed no Cross Appeal or Notice must confine issues for determination to appellant’s Grounds of Appeal
Where Defendant admits Plaintiff was original owner, onus on him to prove plaintiff is divested of title
Declaration of title to land
Possession of Certificate of Occupancy is merely prima facie evidence of title but may be challenged
Purpose of limitation laws
In determining limitation, Judge is limited to Plaintiff’s pleadings and not Defence in ascertaining when wrong occurred
Limitation laws wont apply where evidence of disability, mistake, fraud, injury or death
Final Order: Appeal Dismissed.