CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
AKINTOLA OLUFEMI EJIWUMI, JUSTICE, SUPREME COURT
PARTIES
1. MRS. LYDIA OMOWARE THOMPSON2. KOSEMANI ENTERPRISES LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st plaintiff claimed that she inherited the property via the will of her father The defendants claimed that the entire land belonged to his father and that he inherited same under customary law.
HELD
The Court held that the judgment and orders of the Court below are herby set aside including the order that the case be remitted to the High Court of Lagos for retrial. The appeal having succeeded, they are entitled to their costs.
ISSUES
1. Whether the Court of Appeal was in a good position to determine the case on the evidence on record.
2. Whether the plaintiffs proved their case?
RATIONES DECIDENDI
TRADITIONAL HISTORY MUST BE PLEADED AND PROVED
“It is settled law that where in a claim for declaration of title to interest in land a party bases its title on a grant according to custom by a particular person, family or community, that party must go further to plead and prove the origin of the title of that particular person, family of community unless that title has been admitted. Consequently, mere production of a deed of grant as being equivalent to proof of title when the root of title of the grantor was neither admitted nor established, is not sufficient.” Ejiwunmi, JSC.
CASES CITED
1. Ebba V. Ogodo (1984) 1 SCNLR 372
2. Watt or Thomas V. Thomas (1947) A.C. 484
3. Benmax V. Austin Motor Co. Ltd. (1955) A.C. 370
4. Lion Buildings Ltd V. M.M. Shadipe (1976) 12 SC 135
STATUTES REFERRED TO
NONE