MOSES FAYEMI VS ATTORNEY-GENERAL, WESTERN NIGERIA
September 1, 2025T.O.OYEGBOLA VS ESSO WEST AFRICA INC
September 1, 2025Legalpedia Citation: (1966-06) Legalpedia 64293 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Wed Jun 15, 1966
Suit Number: SC 53/1965
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
R. A. EROKWU AND ORS
APPELLANTS
S. I. BOSAH AND ORS
RESPONDENTS
AREA(S) OF LAW
Law of Evidence- Proof of Customary Law
SUMMARY OF FACTS
This appeal is from the judgement of Betuel, J. sitting at Onitsha in the consolidated High Court Suits 0/107/59 and 0/108/59 ordering the cancellation of two leases of Isiokwe family land at Awada granted by the defendants No.1 and No.2 in the Suits, namely R. E. Melifonwu, the head, and R. A. Erokwu, a member of the Isiokwe family of Onitsha , respectively to C. C. Mojek- wu (the 3rd defendant in suit 107/59) and T. O. C.Ojiako (the 3rd defendant in suit 108/59). R. E. Melifonwu did not appeal; the other defendants did. T. O. C. Ojiako died later and Madam Ann Ojiako was substituted for him.
HELD
That the plaintiffs proved the Onitsha custom they contended for.
ISSUES
Whether the Custom relied on by the Plaintiffs has been proved?
RATIONES DECIDENDI
PROOF OF NATIVE CUSTOM
‘the applicable native custom must be proved by evidence if it is of such as can be judicially noticed’.Per Onyeama, J.S.C.
CASES CITED
STATUTES REFERRED TO
