LAND LAW — Customary Tenancy — Proof of Customary Tenancy Relationship — Evidence Required
Principle Statement
There was the evidence called by the plaintiffs/respondents of their boundary owners. There was the fact that the plan of the land in dispute tendered by the plaintiffs/respondent Exhibit 'A' was made by Herbert Macaulay in 1918. There was the deed Exhibit AA5 which shows that in 1925, the colonial Government acquired a parcel of land from the plaintiffs/respondents which falls within the land depicted in exhibit 'A'. There was the fact that the 17th to 23rd defendants before the trial court agreed that the radical title in the land in dispute was vested in the plaintiffs/respondents' family.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC) at pp. 18-19; Paras D-A.
"There was the evidence called by the plaintiffs/respondents of their boundary owners. There was the fact that the plan of the land in dispute tendered by the plaintiffs/respondent Exhibit 'A' was made by Herbert Macaulay in 1918. There was the deed Exhibit AA5 which shows that in 1925, the colonial Government acquired a parcel of land from the plaintiffs/respondents which falls within the land depicted in exhibit 'A'. There was the fact that the 17th to 23rd defendants before the trial court agreed that the radical title in the land in dispute was vested in the plaintiffs/respondents' family."
Explanation / Scope
This principle establishes the type of evidence required to prove a customary tenancy relationship. Evidence from boundary owners, historical survey plans, government acquisition deeds, and admissions by parties all support the existence of a customary tenancy. The principle applies where a plaintiff claims overlordship and the defendant claims to be a customary tenant. It ensures that the relationship is proved by credible and consistent evidence. The court must consider all relevant evidence. The principle reflects the need for comprehensive proof in land matters. It prevents customary tenancy from being established on vague assertions. The evidence must show the grantor’s radical title and the tenant’s acknowledgment.
