LEGAL PRINCIPLE: CUSTOMARY LAW — Customary Arbitration — Effect of Oath-Taking on Application of Common Law Principles of Trespass
PRINCIPLE STATEMENT
Where parties decide to be bound by traditional arbitration resulting in oath-taking, common law principles in respect of proof of title to land no longer apply. Proof of ownership will be based on the rules set out by the traditional arbitration.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Onyenge & Ors v. Ebere & Ors (2004) NLC-1172000(SC) at p. 16; Paras E–A.
"Where parties decide to be bound by traditional arbitration resulting in oath taking, common law principles in respect of proof of title to land no longer apply. In such a situation, the proof of ownership or title to land will be based on the rules set out by the traditional arbitration resulting in oath taking."
EXPLANATION / SCOPE
Oath-taking in customary arbitration displaces common law proof of title. The principle applies to customary law. The arbitration rules govern. The rule respects customary dispute resolution mechanisms. The court will enforce the arbitration outcome. The principle is well-established.