LEGAL PRINCIPLE: CUSTOMARY LAW — Yoruba Customary Law — Land Transaction — Slaughtering of Goat — Effect Under Nnokwa Customary Law
PRINCIPLE STATEMENT
By Nnokwa custom, the killing of a goat symbolised that the land became irredeemable and the purchaser's forever. Where a party has pleaded a custom and adduced unchallenged evidence in support, it is open to the court to accept such evidence and act upon it.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ezeanya v. Okeke (1995) NLC-2651988(SC) at p. 30; Paras. A–B.
"By Nnokwa custom, the killing of a goat symbolised that the land became irredeemable and Ezeanya's forever. Where a party has pleaded a custom and adduced evidence in support thereof, and such evidence remains unchallenged and uncontroverted, it is open to the court to accept such evidence and act upon it."
EXPLANATION / SCOPE
Specific customs may give symbolic acts legal significance. The slaughtering of a goat may indicate an irrevocable land transaction. Unchallenged evidence of custom may be accepted. The principle applies to all customary law systems. The court will examine the pleaded custom. The party opposing the custom must adduce contrary evidence. The rule promotes proof of customs. The court will act on unchallenged evidence. The principle is specific to the custom pleaded.