LEGAL PRINCIPLE: CUSTOMARY LAW — Yoruba Customary Law — Pledge of Land — Incidents of Pledge Must Be Pleaded and Proved
PRINCIPLE STATEMENT
A party asserting the existence of a customary pledge of land must not only allege the fact of pledge but must also plead and prove the incidents of the pledge and how it was established. Failure to do so renders evidence led on the pledge as going to no issue.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC Anyanwu & Anor v. Iwuchukwu (2000) NLC-594(SC) at pp. 10–11; Paras. E–A.
"A party asserting the existence of a customary pledge of land must not only allege the fact of pledge but must also plead and prove the incidents of the pledge and how it was established. Failure to do so renders evidence led on the pledge as going to no issue."
EXPLANATION / SCOPE
Merely alleging a customary pledge is insufficient. The claimant must plead and prove the specific incidents—terms, conditions, duration, redemption rights, and how the pledge was established under the relevant customary law. Without such foundational pleading, any evidence adduced on the pledge is legally irrelevant and must be disregarded. This ensures that customary law transactions are properly identified and enforced based on their unique features, preventing vague claims from succeeding without the necessary particulars required to establish the custom.