LEGAL PRINCIPLE: EVIDENCE LAW — Traditional Evidence — Conflict of Traditional Histories — Resolution of Conflict by Reference to Recent Acts of Possession
PRINCIPLE STATEMENT
Where there is a conflict of traditional history, both sides may be honest but mistaken. Demeanour is little guide to truth. The best way is to test the traditional history by reference to recent facts and see which of the two competing histories is more probable.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Morenikeji & Ors v. Adegbosin & Ors (2003) NLC-171999(SC) at pp. 11–12; Paras D–A.
"Where there is a conflict of traditional history, one side or the other must be mistaken, yet both may be honest in their belief. In such a case demeanour is little guide to the truth. The best way is to test the traditional history by reference to the facts in recent years as established by evidence and by seeing which of two competing histories is the more probable."
EXPLANATION / SCOPE
The Kojo v. Bonsie principle applies to resolve conflicting traditions. Recent acts of possession test probability. The principle applies to land disputes. Demeanour is not reliable for ancient traditions. The rule promotes objective resolution. The principle is well-established.