LEGAL PRINCIPLE: CUSTOMARY LAW — Customary Arbitration — Oath-Taking — Effect of Survival of Oath-Taking Period on Rights of Ownership and Possession
PRINCIPLE STATEMENT
Once the fact of such arbitration and oath-taking and survival have been successfully established, the oath-taker acquires the rights of full ownership and possession. If the other party remains in possession, he does so as a trespasser if such possession is not with the consent of the owner.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Onyenge & Ors v. Ebere & Ors (2004) NLC-1172000(SC) at p. 15; Paras E–A.
"Once the fact of such arbitration and oath-taking and survival have been successfully established the oath taker acquires the rights of full ownership and possession. If the other party remains in possession he does so as a trespasser if such possession is not with the consent of the owner."
EXPLANATION / SCOPE
Successful oath-taking arbitration confers full ownership and possession. The principle applies to customary law. The other party becomes a trespasser. The rule protects the oath-taker’s rights. The court will recognise the arbitration outcome. The principle is well-established.
