CORAM

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ADEMOLA CHIEF JUSTICE, NIGERIA

COKER JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT

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PARTIES

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BELLO ISIBA AND OTHERS

APPELLANTS 

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J.T. HANSON AND S.O. THOMAS

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW – CUSTOMARY TENANCY-FORFEITURE

 

 

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SUMMARY OF FACTS

The respondents were customary tenants of the appellants’ ancestors. They started to alienate the land as a result of which this suit was filed to recover possession.

 

 

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HELD

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The court held that the respondents were customary tenants and that the appellants were entitled to their claims.

 

 

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ISSUES

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1 whether the gift of Ojo Alonlo was an absolute gift or a defeasible one under native law and custom

2  Whether the lower court ought to have granted the appellants’ claims..

 

 

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RATIONES DECIDENDI

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PROOF OF TRANSFER OF OWNWRSHIP

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1 ‘Once it is proved that the original ownership of property is in a party the burden of proving that the party has been divested of the ownership rests on the other party.’ Per Coker J.S.C

 

 

 

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CUSTOMARY TENANTS MUST BE IN POSSESSION OF LAND

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2 ‘Where land is given to a customary tenant under native law and custom it is of the essence of his tenure that he should be in possession of such land’ Per Coker J.S.C

 

 

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POSSESSION IS NOT CONCLUSIVE PROOF OF OWNERSHIP

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3  ‘The mere fact of possession without any other overt acts unequivocally pointing to the assertion of absolute ownership to the knowledge of the plaintiffs was not sufficient to divest the overlords  of their radical ownership to the property.’ Per Coker J.S.C

 

 

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CASES CITED

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1. Mosalewa Thomas v. Preston Holder (1946) 12 W.A.C.A. 78

2. Alhaji B.A. Suleman and Another v. Hannibal Johnson (1951) 13 W.A.C.A. 213 at p.215

 

 

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STATUTES REFERRED TO

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