Supreme Court 1st March, 2004
Justices: Idris Legbo Kutigi, JSC, Aloysius Iyorgyer Kastina-Alu, JSC, Umaru Atu Kalgo, JSC
Samson Odemwingie Uwaifo, JSC, Dennis Onyejife Edozie, JSC
Subject Matter(s):
Traditional History Where Cogent Can Sustain Claim for Declaration of Title
Traditional History – How to Prove – Based on Hearsay Evidence
Party who Pleads Acts of Possession May Rely on Same If Traditional Evidence is Inconclusive
Where Traditional Evidence is Inconclusive, Court Should Examine Acts of Possession
Traditional Evidence Not Determined by Demeanour of Witnesses
Party Relying on Traditional History to Plead and Prove Root of Title
Where Evidence of Tradition is Relied Upon in Proof of Declaration of Title to Land, the Plaintiff in Order to Succeed Must Plead and Establish the Following Facts
Power of Attorney Given Without Consent of Family Head is Void
Where a Family Land is Sold, Representatives of the Different Branches of the Family who Collect the Proceeds of the Sale are to be Held Accountable
Partition – Partition of Family Land
Final Order: Appeal Allowed