EVIDENCE LAW — Burden of Proof — Land Matters — Original Owner Identified
Ratio Decidendi
Per Tabai, JSC, in Orunengimo v. Egebe (2007) NLC-123-254-2002(SC) at p. 16; Paras A–C:
"It is not disputed that they were the original owners of the property. Even by their own showing that their ancestors gave it to the Respondents' father for temporary occupation but the Respondents were able to show that it was more than that, that it was an outright sale to him and the Court believed this evidence."
Explanation / Scope
Once the original owners are identified, the burden shifts to the party claiming a transfer to prove the nature of that transfer. The respondent must prove an outright sale, not a mere temporary grant. The court evaluates the evidence and can accept the respondent’s version if credible. Such a finding is a finding of fact, which appellate courts will not disturb unless perverse.