EVIDENCE LAW — Traditional History — Proof of Title to Land — Belief and Credibility
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Wachukwu & Anor v. Owunwanne & Anor (2011) NLC-123-87-2001(SC) at p. 31; Paras B:
"Traditional history/evidence is one of the ways of proving title to land. History is all about evaluating belief on the basis of credibility. A declaration of title to land is granted at the discretion of the judge after seeing and hearing both sides in the suit. To succeed a party must show how the land devolved and eventually came to be owned by him. The party needs to narrate a continuous chain of devolution. At the end of the oral evidence the judge is to decide which of the two are telling the truth and proceed to grant a declaration of title to the side that impresses him."
Explanation / Scope
This principle establishes that traditional history is a means of proving title to land, requiring the party to narrate a continuous chain of devolution. The judge evaluates belief based on credibility and grants a declaration to the side that impresses him. The principle applies in land title claims based on traditional history. It ensures that the chain of devolution is established. The principle reflects the role of credibility in traditional evidence. It requires the court to assess the truthfulness of the parties. The court must grant the declaration to the credible side. The principle provides guidance on traditional history.