LEGAL PRINCIPLE: EVIDENCE LAW — Traditional Evidence — Essential Pleading Requirements for Traditional History
PRINCIPLE STATEMENT
A party relying on traditional history must plead and prove: (a) who founded the land; (b) how the land was founded; and (c) particulars of the ancestors through whom he claims.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ewo & Ors v. Ani & Ors (2004) NLC-621997(SC) at pp. 5–6; Paras D–A.
"A party who seeks title to land and relied on traditional history must, to succeed, plead and prove facts as to: (a) who founded the land; (b) how the land was founded and (c) particulars of the ancestors through whom he claims."
EXPLANATION / SCOPE
Traditional history requires specific pleading of founder, founding, and ancestors. The principle applies to land disputes. The rule ensures that traditional claims are substantiated. Gaps are fatal. The court will dismiss claims lacking these particulars. The principle is well-established.