REQUIREMENT(S) FOR A VALID SALE UNDER NATIVE LAW AND CUSTOM AND UNDER THE ENGLISH LAW

CASE TITLE: GONIMI v. BOLORI (2021) LPELR-55155(CA)

JUDGMENT DATE: 22ND JULY, 2021

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: EBIOWEI TOBI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Land Law.

FACTS

This is an appeal against the decision of the High Court of Maiduguri, Borno State presided over Hon. Justice H.Y. Mshelia.

The Appellant was the Plaintiff in the trial Court wherein he sued the Respondent as Defendant over title to land measuring 300ft by 250ft situated at Bolori Ward, adjacent to Ibrahim Taiwo Housing Estate, Maiduguri. The claim of the Appellant in addition to the declaration as it is customary in cases of this nature includes relief for damages and injunction. The Appellant’s case at the trial Court was that he is the owner of the property he has put in dispute described above, on the premise that he bought same from Sani Goni Alhaji who inherited same from his father Goni Alhaji who in turn inherited it from the founder of the land Goni Shettima. From his evidence, the sale was done verbally and in line with custom. It was therefore a customary sale for which he has taken possession by building a fence therein. The Respondent, which is the Defendant at the trial Court, relied on the allocation made to him of the land of 11.363 hectares in size covered by the certificate of Occupancy No. BO/20323 in claiming title to his land. The Respondent did not file a counter-claim but just defended the suit.

The trial Court delivered judgment dismissing the claim of the Plaintiff/Appellant.

Plaintiff being dissatisfied with the judgment of the trial court filed an appeal in the Court of Appeal.

ISSUES FOR DETERMINATION

The Court determined the appeal based on the following issues for determination:

1. Whether having regards to the pleadings and evidence adduced at the trial of this case, the Appellant has established his claim to entitle him to judgment.

2. Whether or not the lower court was in error when it dismissed the Appellant’s application for joinder of the permanent secretary, Borno State Ministry of Lands and Survey and the Attorney General of Borno State.

DECISION/HELD

In the final analysis, the Court of Appeal held that the appeal lacked merit and it was dismissed.

RATIOS:

• CUSTOMARY LAW – CUSTOMARY SALE OF LAND: Requirements for a valid sale of land under Native law and custom
• EVIDENCE – PROOF OF CUSTOM/CUSTOMARY LAW: Whether he who asserts the existence of a custom must plead and prove same
• 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: Duty of a plaintiff/claimant to establish the area of land in dispute; Effect of failure
• LAND LAW – SALE OF LAND: Ways in which land can be validly sold and legally transferred; requirements for a valid sale under native law and custom and under the English law