LEGAL PRINCIPLE: EVIDENCE LAW — Traditional History — Rule in Kojo v. Bonsie Applies Where Both Histories Are Probable
PRINCIPLE STATEMENT
According to the well-known principle laid down in Kojo II v. Bonsie, the way to decide which of two plausible histories is more probable is to test them by reference to established facts within living memory.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Iheanacho & Ors v. Chigere & Ors (2004) NLC-1512000(SC) at p. 16; Paras D–E.
"According to the well-known principle laid down in Kojo II v. Bonsie (1957) 1 WLR 1223 at 1226-1227, the way to decide which of two plausible histories is more probable is to test them by reference to established facts within living memory."
EXPLANATION / SCOPE
Where both parties present plausible traditional histories, the court tests them against established facts within living memory. The more probable history is the one consistent with recent historical facts. The principle applies to land and chieftaincy disputes. The rule provides an objective method for resolving competing traditional claims. The court cannot choose arbitrarily between two plausible histories. Recent acts of ownership or succession provide the testing standard.