LEGAL PRINCIPLE: EVIDENCE LAW — Ishakole (Customary Tribute) — Pleading Requirements — Need to Specify Nature of Tribute
PRINCIPLE STATEMENT
A party asserting entitlement to ishakole must plead the nature of the ishakole before leading evidence. Ishakole may be in kind (farm produce) or money, or both. Since it does not take any known particular form, the nature relied on must be specifically pleaded.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Akanbi v. Salawu & Anor (2003) NLC-1251999(SC) at pp. 7–8; Paras E–A.
"A party who asserts that it received or was entitled to payment of ishakole to it in support of customary tenancy ought to plead the nature of the ishakole before evidence could be led on it. It is known that ishakole could be in kind, such as farm produce or in recent times in money or both. Payment does not take any known particular form or kind and that is the more reason why the nature of the ishakole relied on must, in line with the rules of pleading, be specifically pleaded."
EXPLANATION / SCOPE
The nature of ishakole must be specifically pleaded. General allegations are insufficient. The principle applies to customary tenancy claims. The party must specify whether payment is in kind or money. The rule ensures fair notice. The court will disregard unpleaded evidence. The principle is well-established.