DOKUN AJAYI LABIYI VS ALHAJI MUSTAPHA MOBERUAGBA ANRETIOLA & ORS
July 11, 2025NWOPARA OGBOGU & ORS VS NWONUMA NDIRIBE & ORS
July 11, 2025Legalpedia Citation: (1992-06) Legalpedia 24151 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Mon Jun 29, 1992
Suit Number: SC 292/1989
CORAM
MOHAMMED JUSTICE, SUPREME COURT
WALI, JUSTICE, SUPREME COURT
O. OLATAWURA JUSTICE, SUPREME COURT
KAWU JUSTICE, SUPREME COURT
KARIBI-WHYTE JUSTICE, SUPREME COURT
PARTIES
JACOB POPOOLA & ORS
APPELLANTS
ADEYEMO
RESPONDENTS
AREA(S) OF LAW
APPEAL- CHIEFTAINCY LAW – EVIDENCE- LACHES
SUMMARY OF FACTS
Declaration on the ground that it was contrary to their custom as confirmed by evidence in recent years.
HELD
The court held that respondents were entitled to be granted their claim and that the cause of action arose when the declaration was published and that they are not guilty of unreasonable delay.
ISSUES
1. Whether section 44 of the Evidence Act which restricts its application to where title or interest in family or communal land is in issue is applicable for the determination of the issue of paternity of Falana, the ancestor of the appellant.
2. Whether the Court of Appeal can refuse to give effect to section 9 Chiefs Law of Oyo state, Cap. 21 which obliged the Court to accept the registered Chieftaincy Declaration (Exhibit A) as the customary law regulating the selection of a person to be a holder of the Chieftaincy to the exclusion of any other customary usage on the ground that the plaintiffs were Ignorant of it.
3. Whether the Court of Appeal directed itself to the issues that are relevant to the resolution of the conflicting traditional history relating to the paternity of the appellant.
RATIONES DECIDENDI
CONFLICT IN TRADITIONAL HISTORY- HOW RESOLVED
‘where there are conflicting traditional history, the proper course in the circumstances is “to test the traditional history by reference to the facts in recent years, as established by evidence and by seeing which of two competing histories is more probable.’ Per Karibi- Whyte J.S.C
ESSENCE OF PUBLICATION OF LAWS
The purpose of publication is to acquaint the public with the law, and to provide an opportunity for criticism.’ Per Karibi- Whyte J.S.C
CASES CITED
Kojo II v. Kwazo Bonsie &Anor. (1957)1 W.L.R.1223 at page 1226)
Johnson v. Sargant & Sons (1918)1 K.B.101
STATUTES REFERRED TO
CLICK HERE TO READ FULL JUDGMENT
