CORAM
DARNLEY ARTHUR RAYMOND ALEXANDER
AMINA AUDI WAMBAI
S. KAWU
A.B. WALI
PARTIES
ABIBATU FOLAMI & ORS APPELLANTS
FLORA COLE & ORS RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The appellants were members of the same family with the 1st respondent who is the eldest of the daughters of their deceased mother, who died intestate. They sued for the setting aside of some pieces of land alleged sold by the 1st defendant, without the consent and knowledge of the appellants. They also alleged that she could not be recognized as the head of family under customary law.
HELD
Appeal dismissed.
ISSUES
(1) Whether the teamed Justices misdirected themselves in dismissing the Appeal when they found that they could not find any precedent supporting that such custom in Lagos or among the Yorubas has been judicially noticed. (2) Whether the learned Justices properly directed themselves as to the burden of proof having regard to the facts that Defendant called no evidence in proof of the custom at the Lower Court or before them in accordance with the provision of Evidence Act. (3) Shouldn’t the learned Justices have made the appropriate order setting aside the Deeds when they held that the sale was voidable?
RATIONES DECIDENDI
CASES CITED
1. Lewis v. Bankole (1909) 1 NLR. 81.|2. Yesufu Esan and Ors. v. Bakare Faro & Ors. XII WACA. 135|3. Ekpendu v. Erika (1959) 4 FCS. 79; [1959] SCNLR 186|4. Adjarho v. Aghoghovwia (1985) 4 SC. 1 and 5.|5. Nwobodo v. Onoh & Ors. (1984) 1 SCNLR 1.|6. Ricardo v. Abal (1926) 7 NLR. 58.|7. Taiwo v. Sarumi (1913) 2 NLR. 106.|8. Ajoke v. Olateju (1962) LLR. 32
STATUTES REFERRED TO
1. Evidence Act.|