CORAM

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ADEMOLA, JUSTICE SUPREME COURT

UNSWORTH, JUSTICE SUPREME COURT

BAIRAMIAN, JUSTICE SUPREME COURT

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PARTIES

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APPELLANTS

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OMOTOSHO

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW – PLEADINGS-EVIDENCE-JOINT OWRNERSHIP UNDER NATIVE AND CUSTOM

 

 

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SUMMARY OF FACTS

The parties exercised acts of ownership on the land in dispute jointly till after the respondent got a judgment against a 3rd party in the native court in respect of the land. The native court judgment, which was not pleaded as estoppel was relied upon by the lower court in giving title to the respondent.

 

 

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HELD

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The court held that from the conduct of both parties, they were joint owners of the land and that the lower court was wrong in relying on the evidence given in the native court decision and treating it as creating estoppel.

 

 

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ISSUES

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Whether the lower court rightly place reliance on the native court decision.

Whether the lower court was right in holding that joint ownership of land is unknown to native law and custom and that the respondent’s ancestors first settled on the land

 

 

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RATIONES DECIDENDI

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ESTOPPEL MUST BE PLEADED.

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Estoppels must be specifically pleaded.’ Per Bairamian F.J

 

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THE VALUE OF EVIDENCE GIVING IN PREVIOUS PROCEEDINGS

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‘Evidence given by a witness in another case may be used to impeach his credit if, in the later case, he says something different; but what he said in the earlier case does not become evidence in the later case .’ Per Bairamian F.J

 

 

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NATURE OF CUSTOMARY LAW.

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Native law and custom is… a mirror of accepted usage.’ Per Bairamian F.J

 

 

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CASES CITED

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Nana Ofori Atta II and another v. Nana Bonsra Agyei and another, 14 W.A.C.A., 149

Wytcherley v. Andrews (1871) L.R. 2 P. and D. 327, at 328.

Jacker v. The Inter-national Cable Co. (Ltd.) (1888) 5 T.L.R., 13

 

 

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STATUTES REFERRED TO

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Not Available

 

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