GIWA VS BISIRIYU O ERINMILOKUN
September 8, 2025OJO SAMUEL OLUSHOLA VS W. J FALAIYE
September 8, 2025Legalpedia Citation: (1961-06) Legalpedia 22360 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Jun 8, 1961
Suit Number: S.C. 115/1959
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
AMINU AKINDELE AJANI OJORA , OKE ESUROMBI ARO AND AKINWUNMI ESUROMBI ARO
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CHIEFTAINCY LAW – EVIDENCE-LAND LAW
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Parties agreed that the appellant has been appointed a white cap chief which usually go with the rights to deal with the family land but the respondent stated that the right was not given to the appellant because the majority of the family did not support his appointment.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the respondents did not prove that the appellant as a white cap chief had no rights which ordinarily go with the title and that the appellant was entitled to the declaration sought.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the appellant has the usual powers of the Chief or family head.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
BURDEN OF PROOF
‘The burden of proving that there may be simultaneously in one family a Chief who has been capped but has no rights of management over the family property, and another Chief with the same title who has not been capped but manages the family property, was on those who asserted it.’ Per Brett F.J.
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Akodu v. Omodiji (1927) 8 N.L.R. 55,
Aiyedun v. Oresanya (1938) 14 N.L.R. 116
STATUTES REFERRED TO
Not Available
