SUSTAINING A CLAIM OR COUNTERCLAIM FOR A DECLARATION OF TITLE TO LAND: A REVIEW OF DAVID NWANKWO EGEMONYE V PETER OBICHUKWU EGEMONYE

Abstract

Where a court makes a declaration of title to land after hearing the parties in a suit, it means that the court has resolved all the issues and differences between the parties and concludes from the evidence before the court and the circumstances of the case that one out of the parties is entitled to the title. Such finding or declaration of the court is final and conclusive and henceforth the person in favour of whom the declaration is made takes priority in respect of the property for which title has been declared above and against the other party who has the only option to appeal such a decision or take the outcome as it is. To secure an order for declaration of title to land is not an easy task. It is not a child’s play. Much is expected from the plaintiff and the defendant where he has a counterclaim too. The requirements for establishing title are an issue of law and not a game of chess. A party who fails to present and satisfy the requirements will no doubt lose his case before the court and this is notwithstanding how eloquent or seasoned his counsel may be or how elegant the procedure that was adopted by court. The review of David Nwankwo Egemonye v Peter Obichukwu Egemonye (Suit No HN/133/2016) delivered by the Anambra State High Court sitting at Nnewi and presided over by Hon Justice N.L. Onyeka, is aimed at looking at the facts of the case, the evidence adduced by the parties and balance them in the scale of law and justice to find out whether the plaintiff satisfied the requirements of law in proving his claim to be entitled to declaration ordered in his favour by court and also to look at the case of defendant and assess the finding of court. In that regard to the effect that the counterclaim was not proved. The paper is also aimed at revisiting the ruling reserved and incorporated within the judgement over some objections made during trial with reference to the admissibility of certain documents. The review is also aimed at extracting the findings, conclusion and recommendations on way forward on the crucial question of declaration of title to land as an aid to modern practice in litigations over land in Nigeria.