CHIEF A. Y. OJIKUTU V. ALHAJI A. A. OJIKUTU
August 29, 2025BANK OF WEST AFRICA LTD V. ALHAJI LAWAL BALOGUN
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 80411
In the Supreme Court of Nigeria
Tue Mar 3, 1970
Suit Number: SC 59/1968
CORAM
COKER, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
MRS C.A. OGUNSANYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The recital in the conveyance of the land in dispute to the appellant stated that one of the vendors, RajiAkintola was the head of the family. The lower court dismissed the appellants case on the ground that there was no evidence to show that the person from whom she purchased the land was the head of the family.
HELD
The court held that the statement in the recital of the conveyance to the appellant is evidence of the headship of the family which is admissible under section 90(now section 91) of the Evidence Act and remitted the case back to the trial court for rehearing on that basis
ISSUES
Whether the conveyance, exhibit Al, dated the 8th October, 1951, legally and effectively divested the family of their interests in the land and transferred such interests to the appellants vendor.
RATIONES DECIDENDI
ORAL EVIDENCE
oral evidence is required, plus other conditions, to make admissible as evidence a statement made by a person in a document and tending to establish a fact where direct oral evidence would be admissible. Per Coker J.S.C
ADMISSIBILITY OF STATEMENTS MADE IN A RECITAL
section 90 (1) provides for the admissibility, on certain conditions being fulfilled, of a statement in a recital no matter what the age of the document containing it. Per Coker J.S.C
CASES CITED
Alhaji Etiko v. Aroyewun(1959) 4 F.S.C. 120
STATUTES REFERRED TO
The Evidence Act, Cap 62
