...   "It is also trite that the mere mentioning of the area is not enough; the description and extent of the boundaries must be proved with exactitude. See the case of Ijama Otika Odicha v. Oga Chibogwu (1994) 7-8 SCNJ 317 at 324-325. The test of certainty and precision is of necessity to ensure whether a surveyor can from the evidence before the trial court produce an accurate plan of such land. See again the cases of Mark Ugbo & ors. v. Anthony Aburime (1994) 9 SCNJ 23 at 34, and Ahwedjo ...

...ss - Respondents were the Appellant and 2nd Respondent in the said main appeal, respectively.It is trite, the vexed judgment of the Court below was to the following conclusive effect :I hold therefore that the 1st Defendant breached the contract it had with the plaintiff when it failed to pay for service rendered to it (1st Defendant) as per the claims in Exhibit 23, which was not disputed upon entering into a conflicting contract with the 2nd Defendant though with the ratification of the plaint ...

...th documentary and oral, the decision of the Court would have been in his favor. See, Ojokolobo vs. Alamu (1998) 9 NWLR (pt. 565) 226, Baba vs. NCATC Zaria (1991) 5 NWLR (pt. 192) 388, Agbi vs. Ogbeh (2006) ALL FWLR (pt. 329) 941, Opu-Ado vs. Abere (2017) ALL FWLR (pt. 910) 195 @ 231 per Lawal Garba JCA. In other words, the appellant has the onus of satisfying the appellate Court that the decision on appeal is wrong, and where he fails, the decision appealed on stands. See Obodo vs. Ogba (1987) ...

... exercise of their right of appeal triggered off two other rights - their right to the fair hearing of their appeal and the right that the appeal would be heard within a reasonable time both of which are guaranteed by Section 36(1) of the Constitution. The former, that is - the right to fair hearing, being a private right of sole benefit to the litigant can be waived by the litigant himself: ARIORI v. ELEMO (1983) LPELR - 552 (SC). The right to speedy trial is rather complex, as it does not lie ...

...nt's Brief of Argument is final, the dismissal order being one deemed to be on the merits: ASALU & ORS. v. DAKAN & ORS. (2006) LPELR - 573 (S.C); KRAUS THOMPSON ORG. v. NIPSS (2004) 5 S.C (Pt. 1) 16. on the other hand, an incompetent appeal can only be struck out and not dismissed on the merits." Per EKO, J.S.C. (Pp. 26-27, Paras. E-D) 5. COURT - JURISDICTION: When is a Court competent to exercise jurisdiction over a suit "This Court has long settled the principle that a Court has jurisdicti ...

...17-18, Paras. B-F) 2. EVIDENCE - BURDEN OF PROOF/ONUS OF PROOF: Whether a plaintiff can rely on the weakness in the case of the defendant to prove his own case in an action for declaration of title   "In order to establish a claim for declaration of title, the claimant has the burden of proving his claim by a preponderance of evidence. He must succeed on the strength of his own case and not the weakness of the defence, if any. It is also settled that he would not be entitled to a decla ...

...F-D) KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Lead Ruling): The appellant, Chief Oladipo Akanni Olumuyiwa Williams, SAN who is representing himself in this appeal, filed a Motion on Notice on 22 May, 2017 praying for leave of this Honourable Court to hear the appeal on the appellant's brief alone. Other processes filed on the same date were the Notice of Appeal and the Appellant's brief. The grounds for the application were given as:- (a) The time within which the respondents ought to file ...

...im and pleaded that he should continue representing the accused. When the Court sought for the accused's response, the accused/appellant said it was his brother who said he was going to get another lawyer for him. The mother thereupon, told the Court that she wanted A. Adeniyi to continue to defend her son, hence the trial Court acceded to her request and asked A. Adeniyi, Esq. to proceed with their defence. In my view, there was no imposition of Barr. A. Adeniyi on the accused/appellant because ...

...proof of the specifically pleaded facts in relation to the sum claimed. Where items of special damages are not specified and strictly proved as in the instant case, recovery of same will not be granted. See Anyanwu & Ors V. Uzowuaka & Ors (2009) 13 NWLR (Pt. 1159) 445, Nwanji V. Coast Services (Nig) Ltd (2004) LPELR-2106 (SC)." Per MUHAMMAD, J.S.C. (Pp. 20-21, Paras. E-A) (...read in context) 4. DAMAGES - SPECIAL DAMAGES: Whether a claim for special damages must be specifically pleaded and stri ...

...eaded negligence and gave particulars of the alleged negligence. At paragraph 6 of the said statement of claim, the Appellant sought for the invocation of the doctrine of res ipsa loquitor. The trial Judge applied the doctrine of res ipsa loquitor, even though the Respondents called evidence to deny any alleged negligence or liability on their part leading to the fire disaster that damaged the Appellant's fuel station. In the light of the available evidence, the lower Court was right when it hel ...

...eaded negligence and gave particulars of the alleged negligence. At paragraph 6 of the said statement of claim, the Appellant sought for the invocation of the doctrine of res ipsa loquitor. The trial Judge applied the doctrine of res ipsa loquitor, even though the Respondents called evidence to deny any alleged negligence or liability on their part leading to the fire disaster that damaged the Appellant's fuel station. In the light of the available evidence, the lower Court was right when it hel ...

...aim was a declaration that the order ...... was ultra vires and that the same constituted a violation of his fundamental rights to personal liberty, privacy and freedom to move freely throughout Nigeria ...... However, where the main or principal claim is not the enforcement or securing the enforcement of a fundamental right, the jurisdiction of the Court cannot as has been pointed out above, be properly exercised, as it will be incompetent by reason of the foregoing feature of the case. " Per O ...