CORAM
A. NNAMANI, JUSTICE SUPREME COURT
M.L. UWAIS, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
A.G.O. AGBAJE, JUSTICE SUPREME COURT
P. NNAEMEKA-AGU, JUSTIE SUPREME COURT
PARTIES
CHIEF ALHAJI K. O. S. ARE
APPELLANTS
RAJI IPAYE
RESPONDENTS
AREA(S) OF LAW
CUSTOMARY TENANCY – EVIDENCE- CONCURRENT FINDINGS OF FACTS- PROOF OF TITLE TO LAND
SUMMARY OF FACTS
The respondents were in possession of the land in dispute, exercised various acts of possession including granting part of the land to other people and relatives of the plaintiff without the authority of the plaintiffs. They also only paid Ishakole during festivals as sign of goodwill.
HELD
The court held that they were not customary tenants of the appellants and that the lower courts rightly gave title to the respondents.
ISSUES
1. Whether the courts below placed the onus of proof on the wrong person.
2. Whether the courts below drew the proper inference from the facts proved in evidence
3. Whether the grant to the defendants’ ancestors was absolute (as claimed by the defendants) or limited (as claimed by the plaintiffs
RATIONES DECIDENDI
WHEN COURT WILL INTERFERE WITH CONCURRENT FINDINGS OF TWO LOWER COURTS
‘an appellant appealing to this Court against concurrent findings of the two lower courts faces an uphill task for this court can only interfere in those findings if that appellant can show special circumstances’. Per Nnamani J.S.C
ASCERTAINMENT OF TRUE HISTORY
‘it is only where the conflict arises between the traditional history given by one side and the traditional history given by the other side that the test in Kojo II v. Donsie (supra) is resorted to in the ascertainment of the true history’. Per Nnamani J.S.C
CASES CITED
Enang v. Adu (1981) 11-12 S.C. 25 at p.42
Lokoyi v. Olojo (1983) 8 S.C. 61 at page 63-73; [1983) 2 SCNLR 127
Ojomu v. Ajao (1983)9 S.C. 22 at 53; [1983] 2 SCNLR 156
Ukpe Ibodo & Ors. v. Iguasi Enorofia and Ors (1980) 5-7 S.C. 42, 55;
Western Steel Works v. Iron & Steel Workers (1987)1 N.W.L.R. (Part 49) 284
Akinsanya v. U.B.A. Ltd. (1986)4 N.W.L. R. (Part 35)273;
Nwadike v. H Ibekwe (1987) 4 N.W.L.R. (Part 67) 718
Kojo V. Ronsie (1957)1 W.L.R. 1223
Mogaji v. Cadbury (Nigeria) Ltd. (1985) 2 N.W.L.R. (Part 7) 393
STATUTES REFERRED TO
None.