LEGAL PRINCIPLE: EVIDENCE LAW — Traditional Evidence — Pleading and Proof Required
PRINCIPLE STATEMENT
A party who seeks title to land and relies on traditional evidence must plead the root of his title and the names and history of his ancestors and lead evidence to show the root of his title and that of his ancestors.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Okereke & Anor v. Nwankwo & Anor (2003) NLC-111999(SC) at p. 10; Paras B–C.
"It is trite law that a party who seeks title to land and relies on traditional evidence must, in order to succeed must plead the root of his title and the names and history of his ancestors and lead evidence to show the root of his title and before him that of his ancestors."
EXPLANATION / SCOPE
Traditional evidence requires pleading the root of title and ancestral history. The principle applies to land disputes. The party must prove the chain of devolution. The rule ensures that traditional claims are substantiated. Gaps are fatal. The principle is well-established.