EVIDENCE LAW — Evaluation of Evidence — Conflicting History of Title — Effect on Claim for Declaration of Title
Ratio Decidendi
Per Fabiyi, JSC, in Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC) at p. 5; Paras D–E:
"Where as in this case for a claim for a declaration of title, the appellants and their witnesses gave conflicting history of the appellant's root of title, such root would be treated as unreliable."
Explanation / Scope
This principle establishes that conflicting evidence on the root of title renders the claimed root unreliable. The principle applies in declaration of title claims. It ensures that the plaintiff presents a consistent case. The principle reflects that conflicting evidence undermines credibility. It prevents claims based on inconsistent evidence. The court must treat conflicting root of title as unreliable. The principle provides guidance on the effect of conflicting evidence on title claims.