CORAM
LEWIS, JUSTICE, SUPREME COURT
YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT (Read the Leading Judgment)
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
OKPOWAGHA & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent brought an action to redeem the land in dispute which was pledged by his father for a loan. The appellant admitted that if the land were pledged, it can be redeemed at any time under their custom.
HELD
The court held that there was sufficient evidence before the trial court to justify the conclusion that a land pledged under Olomoro custom was perpetually redeemable.
ISSUES
Whether there was evidence before the trial court to show that a land pledged under Olomoro custom is redeemable in perpetuity.
RATIONES DECIDENDI
PROOF OF CUSTOM
The existence of non-existence of a custom in relation to any particular matter or transaction under any given area of the country is question of fact which can be established either by evidence or as one judicially noticed. Per Udo -Udoma J.S.C
CASES CITED
JohnApoesho and another v. Chief Awodrya(1964) 1 All NLR 48
GA Taiwo v. SemisemiyuDosunmu and Another (1965) 1 All NLR P.399
Missri v. Bank of West Africa SC 301/1966 delivered on 30th June 1967 (unreported)
Agbo Kofi v. Addo Kofi (1933) 1 W.A.C.A. 284
Leragun and others v. Funlayo(1955-56) W.R.N.L.R. 167
STATUTES REFERRED TO
The Evidence Act