LEGAL PRINCIPLE: EVIDENCE LAW – Proof of Customary Grant – Need for Specific Pleading and Proof
PRINCIPLE STATEMENT
Assuming that there was a previous grant by customary law which the 1951 agreement was evidencing, the said customary law together with its incident should have been specifically pleaded and evidence led to establish same.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ngene v. Igbo & Anor (2000) NLC-1531992(SC) at pp. 13–14; Paras E–A.
"Assuming that there was a previous grant by customary law which the 1951 agreement was evidencing, the said customary law together with its incident should have been specifically pleaded and evidence led to establish same."
EXPLANATION / SCOPE
A party relying on a customary grant must specifically plead the custom, its terms, and its incidents. Evidence must be led to establish the custom. Mere reference to an agreement or vague assertion of customary grant is insufficient. The court cannot assume the existence or content of a customary law. The burden lies on the party asserting the custom to prove it. This includes the conditions, obligations, and consequences of the grant. Failure to plead and prove the custom renders the claim defective. Customary law is a question of fact requiring evidentiary foundation.