LEGAL PRINCIPLE: EVIDENCE LAW – Native Court Judgment – Requirement to Relate Judgment to Survey Plan
PRINCIPLE STATEMENT
The law is that, any party relying on a Native Customary Court judgment in a subsequent Suit must relate it to a plan. The plan must show the features contained in the Native Court judgment. The appellants in this case from the record failed to do just that.
RATIO DECIDENDI (SOURCE)
Per Rowland, JCA (as adopted by Onu, JSC), in Biariko v. Edeh-Ogwuile & Ors (2001) NLC-741996(SC) at p. 10; Paras A–B.
"The law is that, any party relying on a Native Customary Court judgment in a subsequent Suit must relate it to a plan. The plan must show the features contained in the Native Court judgment. The appellants in this case from the record failed to do just that."
EXPLANATION / SCOPE
A party relying on a Native Customary Court judgment in a subsequent suit must relate it to a survey plan. The plan must show the features described in the judgment. This enables the court to identify the land previously adjudicated. Without a plan relating the judgment to the land in dispute, the judgment cannot be relied upon for res judicata or as evidence of title. The requirement ensures certainty and prevents confusion. The party must produce a plan that clearly identifies the land covered by the prior judgment. Failure to do so defeats reliance on the judgment. The principle applies to all judgments, not just Native Court judgments.
