Ratio Decidendi

Per Adekeye, JSC, in Yesufu v. Adama (2010) NLC-123-186-2003(SC) at p. 19; Paras D–E:

"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 evidence to buttress the partitioning."

Explanation / Scope

This principle establishes that partition of family land is a question of fact that must be pleaded and proved with cogent evidence. The party alleging partition must make specific averments in pleadings and support them with positive evidence. The principle applies in customary land disputes. It ensures that partition claims are properly particularized. The court must require cogent proof. The principle reflects the need for certainty in land claims. It prevents vague assertions of partition. The burden is on the party alleging partition. The principle ensures that factual findings on partition are based on evidence.

Cases Applying This Principle