Principle Archive

Upon the grant of a statutory right of occupancy under section 5(1), all existing rights to the use and occupation of the land which is the…

For a Certificate of Occupancy under the Land Use Act to be valid, there must not be in existence at the time the certificate was issued…

A party who seeks title to land and relies on traditional evidence must plead the root of his title and the names and history of his…

One of the recognised methods of proving title to land is by proof of possession of connected or adjacent land in circumstances rendering it probable that…

In a case of competing titles, once a plaintiff succeeds in tracing his title to a person whose title to ownership has been established, the onus…

Acquiescence is quiescence under circumstances where assent may reasonably be inferred. A high degree of acquiescence is required to obliterate the original owner's reversionary right. Acquiescence…

The preconditions for a valid customary arbitration are: (1) voluntary submission of the dispute to arbitration; (2) agreement that the decision will be final and binding;…

Each traditional history may be likened to a package. The court, having complied with the law, is entitled to accept one package or the other. It…

A distinction must be drawn between primary facts (witnesses' own observations) and traditional history (handed down from forefathers). For primary facts, demeanour is relevant. For traditional…

Where there is a conflict of traditional history, both sides may be honest but mistaken. Demeanour is little guide to truth. The best way is to…

Traditional evidence is conclusive where the party traces and proves his title directly to the original owner whose title has been established. Where unable to trace…

Where a trial court fails to make findings on material issues or approaches evidence wrongly, the appellate court will have no alternative but to allow the…