EVIDENCE LAW — Traditional Evidence — Conflict in Traditional History — Applicable Test Where Demeanour Is Unreliable
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 16; Paras B—C:
"Where there is a conflict in traditional history, the demeanour of witnesses is of little guide to the truth of the matter as it must be recognized that in the course of transmission from generation to generation of the traditional history, mistakes may occur without any dishonest motive. In such a case the traditional history is to be tested by recent facts established by evidence with a view to determining which of the conflicting versions is more probable."
Explanation / Scope
This principle establishes that where traditional history conflicts, demeanour is of little guide, and the history should be tested by recent facts to determine which version is more probable. The principle applies in land and chieftaincy disputes involving traditional history. It ensures that conflicts are resolved objectively. The principle reflects the unreliability of demeanour in traditional evidence. It requires testing by recent facts. The court must apply this test. The principle provides guidance on conflicting traditional history.