News
June 07, 2020
Lokoja – Kogi State Area Court has voided a right of occupancy of land judgement obtained by a Atta of Igala
Lokoja – Kogi State Area Court has voided a right of occupancy of land judgement obtained by a Atta of Igala. The parcel of land comprises of Ajaokuta, Lokoja and Kotonkarfi Local Government Area of Kogi State.
The claimants in the suit marked 1/632/1995, had challenged the defendants praying the court to grant them an order that the statutory right of occupancy dated June 2, 2020 was not valid and subsisting. They also prayed for a perpetual injunction restraining the Atta of Igala from making use of a consent judgment that the court had earlier delivered against Federal Government. They wanted the court to set aside the earlier judgment which was delivered by Un - honorable Justice O.I claiming that it was obtained by fraud and non-disclosure of material facts. Also contained in their prayers is an order restraining the first defendant from further acts of trespass on any part of land
They also demanded that the court should determine whether the consent judgment Atta of Igala had earlier got from the court could be set aside by the honourable court. While delivering judgment, the presiding judge, Justice K. G Ajayi said, “Justice cannot be done without knowing who has the burden of proof under adversary system of litigation in a claim for declaration of title to land.” “The law is trite that burden lies on the claimant who generally must rely on the strength of his own case and not on the weakness of the defendant’s issue. The onus is on the claimant to establish his case on the balance of probability”.
The claimants in the suit marked 1/632/1995, had challenged the defendants praying the court to grant them an order that the statutory right of occupancy dated June 2, 2020 was not valid and subsisting. They also prayed for a perpetual injunction restraining the Atta of Igala from making use of a consent judgment that the court had earlier delivered against Federal Government. They wanted the court to set aside the earlier judgment which was delivered by Un - honorable Justice O.I claiming that it was obtained by fraud and non-disclosure of material facts. Also contained in their prayers is an order restraining the first defendant from further acts of trespass on any part of land
They also demanded that the court should determine whether the consent judgment Atta of Igala had earlier got from the court could be set aside by the honourable court. While delivering judgment, the presiding judge, Justice K. G Ajayi said, “Justice cannot be done without knowing who has the burden of proof under adversary system of litigation in a claim for declaration of title to land.” “The law is trite that burden lies on the claimant who generally must rely on the strength of his own case and not on the weakness of the defendant’s issue. The onus is on the claimant to establish his case on the balance of probability”.
