LEGAL PRINCIPLE: CUSTOMARY LAW — Family Property — Burden of Proof
PRINCIPLE STATEMENT
A party claiming family ownership of property must identify the origin and status of the property and lead credible evidence as to how it is owned by the family, such as by devolution, conveyance inter vivos, will, gift, or allotment.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Gaji & Ors v. Paye (2003) NLC-4099(SC) at p. 17; Paras A–E.
"For land to qualify as family land, the party who so claims must not only identify the origin of the property but also its status. A party who alleges family ownership of property should lead credible evidence as to how the property is owned by the family. In this respect, the party must show any of the above ways of ownership, that is by devolution, conveyance inter vivos, will or outright gift or allotment."
EXPLANATION / SCOPE
Family ownership requires proof of origin and devolution. The principle applies to customary law. The claimant must adduce evidence. The rule ensures that family claims are substantiated. The court will not assume family ownership. The principle is well-established.