CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
OMOTOSHO
RESPONDENTS
AREA(S) OF LAW
LAND LAW – PLEADINGS-EVIDENCE-JOINT OWRNERSHIP UNDER NATIVE AND CUSTOM
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.
HELD
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.
ISSUES
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
RATIONES DECIDENDI
ESTOPPEL MUST BE PLEADED.
Estoppels must be specifically pleaded.’ Per Bairamian F.J
THE VALUE OF EVIDENCE GIVING IN PREVIOUS PROCEEDINGS
‘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
NATURE OF CUSTOMARY LAW.
Native law and custom is… a mirror of accepted usage.’ Per Bairamian F.J
CASES CITED
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
STATUTES REFERRED TO
Not Available