Legal Principles – Nigerian LawCompass

Customary Law Important

CUSTOMARY LAW – Arbitration – Proof of Submission to Customary Arbitration

"The statement submitted by the defendants to the arbitrators is necessarily a part of the proceedings of arbitration which is pleaded and therefore admissible. In fact it should strictly speaking...

Customary Law Important

CUSTOMARY LAW – Customary Tenancy – Alienation by Customary Tenant – Forfeiture

"The said parcels of land by the defendants could only be exercised according to the terms of the grant as anything to the contrary would make the grant liable to...

Customary Law Important

CUSTOMARY LAW – Proof of Custom – Custom Must Be Proved by Evidence

"Customary Law or Native Law and Custom is a matter of evidence to be decided on the facts presented before the court in each particular case. Indeed, Customary Law is...

Civil Procedure Important

CIVIL PROCEDURE – District Head – Distinction Between Traditional Head and Administrative District Head

"There is a lot of difference between a district head and a traditional head of a district simpliciter especially in the instant case. In this case, the appellant wanted to...

Customary Law Important

CUSTOMARY LAW — Proof of Custom — Issue of Customary Law Raised by Ground of Appeal

"A ground of appeal challenging a Customary Court of Appeal's holding on a specific native law and custom, such as whether under Berom Native Law and Custom one can bury...

Customary Law Important

CUSTOMARY LAW — Proof of Custom — Definition — Nature of Customary Law

"...'customary law' as 'the organic or living law of the indigenous people of Nigeria regulating their lives and transactions. It is organic in that it is not static. It is...

Customary Law Important

CUSTOMARY LAW — Yoruba Customary Law — Pledge of Land — Incidents of Pledge Must Be Pleaded and Proved

"A party asserting the existence of a customary pledge of land must not only allege the fact of pledge but must also plead and prove the incidents of the pledge...

Customary Law Important

CUSTOMARY LAW – Proof of Custom – Traditional History – Requirement for Pleading and Proof

"What is required in the pleading of traditional history is first, the origin of the ownership claim to the land in dispute (i.e. settlement thereof and what constituted that) and,...

Customary Law Important

CUSTOMARY LAW – Proof of Custom – Traditional History – Minor Inconsistencies in Genealogical Evidence – Effect

"Whichever way it was, the plaintiffs claim to descend from the two whether Aso or Odede was the father or son. Such lapses are not unusual in traditional history where...

Customary Law Important

CUSTOMARY LAW – Customary Tenancy – Ishakole (Tribute) – Not Essential to Existence of Tenancy

"Ishakole, the tribute paid to overlord by tenants put on land in Yoruba Native Law and Custom varies from locality to locality; even there can be variations among the same...

Customary Law Important

CUSTOMARY LAW – Customary Tenancy – Forfeiture – Where No Relief Sought Against Forfeiture

"in a situation like that, once it is found that a customary tenant has committed an act of misbehaviour which entails forfeiture, as in the present case, and there is...

Customary Law Important

CUSTOMARY LAW – Customary Tenancy – Forfeiture – Principles Governing

"It is well settled that forfeiture is the usual mode for determining a customary tenancy. The real basis of the misconduct or misbehaviour which renders the tenancy liable to forfeiture...