LEGAL PRINCIPLE: EVIDENCE LAW – Traditional History – Who May Give Evidence of Family Tradition
PRINCIPLE STATEMENT
Evidence of traditional history in land matters which is nothing short of evidence of a historical fact transmitted from generation to generation in respect of a family communal land may, in appropriate cases, be given by any witnesses who by virtue of their peculiar and special relationship and circumstances and, before them, their ancestors, with the land owning family or community, are in a position and knowledgeable enough to testify on the traditional evidence in question. Such witnesses may include those who by virtue of the intimate and age-long close association, interaction and/or relationship from time immemorial between their family or community and those of the land owners in issue are clearly knowledgeable and in as good a position, if not even better than the land owners, to give cogent and relevant traditional evidence in respect of ownership of such land.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC) at p. 19; Paras A–C.
"Evidence of traditional history in land matters which is nothing short of evidence of a historical fact transmitted from generation to generation in respect of a family communal land may, in appropriate cases, be given by any witnesses who by virtue of their peculiar and special relationship and circumstances and, before them, their ancestors, with the land owning family or community, are in a position and knowledgeable enough to testify on the traditional evidence in question. Such witnesses may include those who by virtue of the intimate and age-long close association, interaction and/or relationship from time immemorial between their family or community and those of the land owners in issue are clearly knowledgeable and in as good a position, if not even better than the land owners, to give cogent and relevant traditional evidence in respect of ownership of such land."
EXPLANATION / SCOPE
Traditional history evidence is not confined to members of the land-owning family. Witnesses with intimate, age-long association and relationship with the land-owning community may also testify if they are knowledgeable about the tradition. Such witnesses may include those whose ancestors had close ties with the land owners. Their proximity and knowledge may place them in as good a position—or better—than the owners themselves. This flexible approach recognizes that traditional history may be preserved by those in close association with the land-owning group through generations.