CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
BISIRIYU O. ERINMILOKUN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
LAND LAW – GRANT UNDER NATIVE LAW AND CUSTOM OF LAGOS
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellants claimed that the land in dispute was granted to the respondents’ predecessor in title. There was no evidence that tribute was ever paid on the land.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the appellant did not discharge the onus placed on them to show that there was no absolute grant to the respondents.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the grant to Saba was an absolute grant or one that carried with it a reversion in the grantor.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. PROOF OF NATIVE LAW AND CUSTOM
‘It is a well established principle of law that native law and custom is a matter of evidence to be decided on the facts presented before the Court in each particular case, unless it is of such notoriety and has been so frequently followed by the Courts that judicial notice would be taken of it without evidence required in proof.’ Per Taylor, F.J
2. GRANT UNDER NATIVE LAW AND CUSTOM OF LAGOS
‘The statement that by the native custom of Lagos, lands were not in former times given away absolutely, even to war chiefs, and that it must require very strong evidence to warrant the Court to come to a conclusion contrary to this custom has qualifications.’ Per Taylor, F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Eshughayi Oloto v. Dawuda and ors., 1.N.L.R. 57
Oshodi v. Dakolo and ors., 9 N.L.R. 13,
Onisemo v. Faghemo, 21 N.L.R. 3,
STATUTES REFERRED TO
Not Available