LEGAL PRINCIPLE: LAND LAW — Customary Tenancy — Proof of Customary Tenancy — Payment of Ishakole
PRINCIPLE STATEMENT
The incidents of customary tenancy and payment of Ishakole are provable on the balance of probabilities.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Abidoye & Ors v. Alawode & Ors (2001) NLC-1271996(SC) at p. 13; Paras A–B.
"The incidents of customary tenancy and payment of Ishakole have been proved on the balance of probabilities by the respondents in the instant case which the court below, in my view, rightly upheld in its judgment dated 25th April, 1994."
EXPLANATION / SCOPE
Customary tenancy and the payment of Ishakole (tribute or rent paid by a customary tenant to the overlord) are provable on the balance of probabilities—the civil standard of proof. Evidence of regular payment of Ishakole is strong evidence of the existence of a customary tenancy. The payment acknowledges the overlord’s title and the tenant’s subordinate interest. The principle applies to customary land tenure systems. The party asserting the existence of a customary tenancy must adduce evidence of the customary incidents, including payment of Ishakole. The court evaluates such evidence on the balance of probabilities. Proof need not be beyond reasonable doubt.