JAMES OBI ACHABUA V. THE STATE
August 6, 2025ADDIS ABABA & ANOR V. D.S. ADEYEMI
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 12116
In the Supreme Court of Nigeria
Fri Dec 10, 1976
Suit Number: SC. 91/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
OGBEIDE AIKHIONBARE OHEN-ERIARIA OF EVBORIARA ALOHAN USEN – ODIONWERE OF EVBORIARA VILLAGE DAVID OKE AIKHIONBARE OGUNSUYI IMADE (For themselves and on behalf of the people of Evboriaria Village, Benin City District.) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were sued by the plaintiff/respondents over ownership of some parcel of land. Both parties canvassed conflicting traditional evidence to establish their title to the land. The trial court found for the plaintiff.
HELD
The appeal was upheld and the judgment of the trial court was set aside
ISSUES
Whether the trial court was right to have resolved the conflicting traditional evidence by misdemeanor of witnesses
RATIONES DECIDENDI
IMPORTANCE OF TRADITIONAL EVIDENCE
We wish to state that we are in agreement that traditional evidence, that is, of traditional history and tradition, where such evidence is not contradicted or in conflict and found by the court to be cogent can support a claim for declaration of title. SOWEMIMO, JSC
CONFLICT OF TRADITIONAL HISTORY
Where there is a conflict of traditional history, one side or the other must be mistaken, yet both may be honest in their belief. In such a case demeanour is little guide to the truth. The best way 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 the more probable SOWEMIMO, JSC
CASES CITED
Kojo II v. Bonsie & Anor (1957) 1 W.L.R. 1223
F.M. Alade v. Lawrence Awo (1975) 4 S.C. 215 OLUJEBU of Ijebu v. Oso, the Eleda of Eda (1972) 5 SC. 143.
STATUTES REFERRED TO
None
