LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Traditional History — Requirement to Plead Root of Title Properly
PRINCIPLE STATEMENT
A plaintiff who relies on traditional history must plead that history properly and lead evidence on it. The history may succeed on its merits when there is no competing story or where such story breaks down. The traditional history will be accepted based on its strength and cogency.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Akanbi v. Salawu & Anor (2003) NLC-1251999(SC) at pp. 4–5; Paras A–C.
"It is now well established that a plaintiff who relies in his pleading and evidence on traditional history for his root of title to land must ensure that he pleads that history properly and lead evidence on it. The history may succeed on its merits either standing along when there is no competing story or where such story breaks down for being unreliable in nature or owing to its own internal conflict. The traditional history of the plaintiff would accordingly be accepted on the basis of its strength and cogency."
EXPLANATION / SCOPE
Traditional history must be properly pleaded and proved. It may succeed on its own strength. The principle applies to land disputes. The court will evaluate the cogency of the history. The rule ensures that traditional evidence is reliable. The plaintiff must present a coherent history. The principle is well-established.