LEGAL PRINCIPLE: LAND LAW — Declaration of Title to Land — Traditional History — Where Traditional History Is Cogent and Accepted by Trial Court, It Can Support Declaration
PRINCIPLE STATEMENT
Where traditional history is found to be cogent and accepted by the trial court, it can support a declaration for title to land.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ezekwesili & Ors v. Agbapuonwu & Ors (2003) NLC-1081998(SC) at p. 18; Paras B–D.
"In my view, both the trial court and the Court of Appeal found for the respondents on the grounds of traditional history and where traditional history is found to be cogent and accepted by the trial court, it can support a declaration for title to land."
EXPLANATION / SCOPE
Cogent traditional evidence alone can ground declaration of title. The principle applies to land law. The trial court’s acceptance of the history is key. The rule recognises traditional evidence as a valid method of proof. The appellate court will defer to the trial court’s assessment. The principle is well-established.