Nature Of Traditional Evidence In Relation To Proof Of Title To Land

CASE TITLE: AKPA V. OMO-OKENYI & ANOR (2023) LPELR-61079 (CA)
JUDGMENT DATE: JULY 25, 2023
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: ABDUL-AZEEZ WAZIRI, J.C.A

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on traditional evidence and history in proof of title to land.

FACTS:

This is an appeal arising from the judgment of the High Court of Justice in Kogi State.

The matter was commenced at Area Court Grade 1 Abochi, where the plaintiff or appellant beseeched the court for a declaration of title in respect of the land in dispute against the Defendants/Respondents. The trial court found for the Appellant. Respondents, being dissatisfied with the decision of the trial Court, appealed to the Upper Area Court in Dekina, which allowed the appeal and set aside the judgment of the trial Area Court Grade 1.

Perturbed by the aforesaid judgment, the Plaintiff/Appellant appealed to the High Court of Justice Kogi and lost out. It is against this decision that the Appellant approached the Court of Appeal via a Notice of Appeal consisting of six grounds of appeal.

ISSUES:
The Court determined this appeal on the following issues:
“1. Considering the facts and circumstances of the case presented before the lower Court, whether the Appellant did not discharge the burden placed on him by his reliance on Traditional History.

2. Did the lower Tribunal reach the correct decision in the utility it placed on the alleged material contradiction in the evidence of PW 1 and PW 2?”

DECISION/HELD:
In conclusion, the appeal was allowed, while the judgment of the High Court of Kogi State, sitting in its appellate jurisdiction, was set aside.

RATIOS:
EVIDENCE: TRADITIONAL EVIDENCE/HISTORY – Meaning and nature of traditional evidence
EVIDENCE – TRADITIONAL EVIDENCE/HISTORY – Effect of traditional evidence that is found to be conclusive and cogent
EVIDENCE – TRADITIONAL EVIDENCE/HISTORY – What a party relying on traditional history is expected to plead and prove to establish his root of title
LAND LAW – IDENTITY OF LAND – When the identity of land will/will not be in issue
LAND LAW – GRANT OF LAND – Duty of a party where he relies and pleads a grant as his root of title in an action for declaration of title to land

lawpavilion

Recent Posts

Whether the Filing of a Caveat Against the Release of a Ship Already Under Arrest Constitutes an Arrest and Can Be a Basis for Claiming Damages

CASE TITLE: MT. ORYX TRADER & ANOR v. WRIST SHIPPING SUPPLY (2025) LPELR-80570(SC) JUDGMENT DATE:…

5 days ago

Whether the Mere Mention of a Person in Pleadings, Without a Direct Connection to The Cause of Action, is Sufficient Grounds for Joinder to Such Action

CASE TITLE:  ARIBISALA v. AMCON (2025) LPELR-80552(SC) JUDGMENT DATE: 24TH JANUARY, 2025 PRACTICE AREA: CIVIL PROCEDURE…

5 days ago

Whether The Court of Appeal has the Jurisdiction to Transfer a Case to the Appropriate Court When the Trial Court Lacked Jurisdiction AB Initio

CASE TITLE: USMAN v. NIGERIAN UNITY LINE PLC (2025) LPELR-80608(SC)JUDGMENT DATE: 14TH FEBRUARY, 2025PRACTICE AREA:…

6 days ago

Is Blasphemy a Legally Recognized Offence Under Nigerian Law?

CASE TITLE: DAUDA v. STATE (2024) LPELR-62160(CA) JUDGMENT DATE: 26TH APRIL, 2024 JUSTICES: MUHAMMED LAWAL…

6 days ago

Protecting Children Online: Can the New Bill Deliver?

By Dr. Henry C. Uzokwe The digital revolution has brought both remarkable opportunities and unprecedented…

7 days ago

The Role of Technology in Modernizing Nigerian Immigration Procedures

By O. M. Atoyebi, SAN FCIArb. (U.K.) INTRODUCTION Nigeria, the most populous country in Africa,…

7 days ago