Principles – Page 97 – Nigerian LawCompass

5785 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Customary Law — Proof of Partition as a Question of Fact

Yesufu v. Adama (2010) NLC-123-186-2003(SC)

Evidence Law Supreme Court

Since what amounts to partitioning of a family land is a question of fact, there must be averments in the pleadings, supported by cogent and positive…

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CUSTOMARY LAW — Family Land Partition — Proof of Partition Under Yoruba Native Law and Custom

Yesufu v. Adama (2010) NLC-123-186-2003(SC)

Customary Law Supreme Court

Partition of a family property is one of the methods by which a family property can be determined in favour of the constituent members or family…

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LAND LAW — Declaration of Title — Grant of Declaration Where Third Party Interest Shown

Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC)

Land Law Supreme Court

In a claim for declaration of title, where there is evidence before the trial court that the ownership of the land in dispute is in another…

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EVIDENCE LAW — Hearsay — Counterfoil Receipts — When Not Hearsay

Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC)

Evidence Law Supreme Court

The 1st-12th appellants have merely tried to make a mountain out of a mole hill concerning exhibits R and S. These were documentary evidence tendered by…

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EVIDENCE LAW — Documentary Evidence — Admissibility — Unsigned Minutes of Meeting — Effect

Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC)

Evidence Law Supreme Court

I do not consider exhibits R and S inadmissible in evidence but being documents not bearing the signatures of the makers, they should attract little or…

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LAND LAW — Jus Tertii — Customary Tenant Denying Grantor’s Title — Estoppel

Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC)

Land Law Supreme Court

Where a party obtains possession of land from one person, he could not rely on title vested in another to defeat through a plea of jus…

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APPELLATE PRACTICE — Concurrent Findings of Fact — Supreme Court Interference — When Justified

Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC)

Appellate Practice Supreme Court

This Court will not in the absence of special circumstances indicating obvious errors in the concurrent finding of fact by two lower courts allow the question…

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LAND LAW — Declaration of Title — Contiguity of Land — Probative Value

Land Law Supreme Court

It has been held that, in a claim for the ownership of land, the fact that the land in dispute is contiguous with other lands belonging…

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LAND LAW — Declaration of Title — Ways of Proving Ownership — Five Recognised Methods

Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC)

Land Law Supreme Court

It is now settled law that there are 5 ways in which ownership of land may be proved... They are: 1. Proof by traditional evidence... and…

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LAND LAW — Customary Tenancy — Proof of Customary Tenancy Relationship — Evidence Required

Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC)

Land Law Supreme Court

There was the evidence called by the plaintiffs/respondents of their boundary owners. There was the fact that the plan of the land in dispute tendered by…

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EVIDENCE LAW — Inconsistent Evidence — Material Contradiction Fatal to Plaintiff’s Case

Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC)

Evidence Law Supreme Court

Where a plaintiff's evidence contains material contradictions on essential facts, such contradictions are fatal to the plaintiff's case and the court will not grant declaratory relief…

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APPELLATE PRACTICE — Concurrent Findings of Fact — Supreme Court Will Not Interfere — Unless Findings Are Perverse

Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC)

Appellate Practice Supreme Court

This is an appeal against the concurrent findings of the lower courts, which this court will not ordinarily interfere with.

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