DR. DAVID CHUKWUEMEKA OBIEFUNA OKOYE V CHRISTOPHER N. OBIASO

CORAM

PARTIES

1. DR. DAVID CHUKWUEMEKA OBIEFUNA

2. EMMANUEL NNAEMEKA AGUSIONWU OLIOBI

APPELLANTS 

CHRISTOPHER N. OBIASO

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

Appellant claimed a customary right of occupancy over a disputed land. He lost at both lower courts. He has further appealed.

HELD

Appeal dismissed.

ISSUES

(1) Whether the land in exhibits B and Blare the personal property of the pledgor or his family property as contended by the appellants.?

(2) The other issue is whether the pledged lands fall within the disputed land being claimed by the plaintiffs/appellants,? and

(3) Whether the customary arbitration was proved, if so what is the legal consequences flowing therefrom.?

RATIONES DECIDENDI

ONCE A PLEDGE ALWAYS A PLEDGE

“If the pledged lands fall within the land in dispute which is said to be family or communal land, and are not the personal lands of the pledgor, then the principle that once a pledge always a pledge or that a pledge does not ripen to ownership of the pledged property will apply to the facts of the case to weigh the evidence of acts of possession and ownership in favour of the appellants because the acts of possession exercised by a pledgee cannot be equated to the acts of the owner of the property.” Per Onnoghen J.S.C

WHAT DETERMINES THE ADMISSIBILITY OF DOCUMENTS

“Issue of admissibility of any documentary evidence is governed by the principle as to whether or not the document is pleaded by the party(ies) to the proceedings; whether it is relevant to the subject matter of inquiry by the court or tribunal and whether it is admissible in law.” Per Onnoghen J.S.C

CASES CITED

STATUTES REFERRED TO

Evidence Act

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