IDUNDUN & ORS V. OKUMAGBA

EVIDENCE - Admission of - Wrongfully Admitted Evidence - Effect of - Whether Constitutes a ground for reversal of the judgment With respect to the observation about the 1951 riots, it is settled law that any wrongful admission of evidence shall not constitute a ground for reversing a decision unless the party complaining can show as well that without such evidence the decision complained of would have been otherwise. (See Section 226(1) of the Evidence Act and the decision of this court in Ugbe & 4 Ors. v. Edigbe & 2 Ors. (unreported) but see S.C.736/66 page 15, delivered on 27th February, 1970). It only remains for us to point out that in the case in hand, the appellants have not discharged this further burden. Per FATAYI-WILLIAMS, J.S.C. at P. 12, Para. C. https://lawcompasser.com/d-o-idundun--ors-v-daniel-okumagba/ 2. LAND LAW - Proof of title - Survey Plan - Whether two survey plans can be tendered during hearing "As for the second complaint, we do not see anything wrong in a Judge looking at two survey plans tendered before him during the hearing of a case and comparing the boundaries and location of the land in one with those in the other. (See Latinwo v. Ajao (1973) 2 S.C.99 at page 110, lines 4-25)." Per FATAYI-WILLIAMS, J.S.C. at P. 12, Para. D. https://lawcompasser.com/d-o-idundun--ors-v-daniel-okumagba/ 3. LAND LAW - Five Ways of proving title to land "As for the law involved, we would like to point out that it is now settled that there are five ways in which ownership of land may be proved. We will now proceed to consider each of these five ways in order to see if the findings of the learned trial Judge can be seen to bring the evidence adduced in the case in hand within the ambit of any of them.
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