A.OLA YESUFU V ROBINSON OLUSEYI ADAMA

CORAM

PARTIES

A. OLA YESUFU APPELLANTS

ROBINSON OLUSEYI ADAMA

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent claimed that the land in dispute was sold to him by members of the family who became owners on the basis of a partitioning of the family land and gave evidence to that effect.

HELD

The court held that the lower court was right in confirming the decision of the trial court since the evidence of partitioning was not challenged by the appellant. The appeal was dismissed.

ISSUES

Whether having regard to the pleadings and the totality of the evidence adduced in this matter the court of Appeal is justified in affirming the finding of the trial court that there has been a partition of the family land according to Yoruba Native Law and Custom.”

RATIONES DECIDENDI

THE NATURE OF THE BURDEN OF PROOF OF PARTITIONING OF FAMILY LAND

Partition of family land is a matter of fact. The fundamental rule of evidence is that the burden of proof rests on the party, whether plaintiff or defendant, who substantially asserts the affirmative of the issue. Once the plaintiff, as in the instant case, has discharged the burden on him, the onus of proof, which is never static, shifted to the defendant/appellant in this case. – Oguntade J.S.C.

CASES CITED

NIGERIAN MARITIME SERVICES LTD. V. AFOLABI (1978) 2 S.C. 79Adeleke v. Aserifa [1986] 3 N.W.L.R. (Part 30) 575 at 582Gbadamosi Ajayi & Ors. v. Gabriel Folaji Pabiekun & Ors. [1970] All N.L.R. 146 at 149?

STATUTES REFERRED TO

The Evidence Act

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