Principle Archive

The incidents of customary tenancy and payment of Ishakole are provable on the balance of probabilities.

A review imports a critical examination of evidence while an evaluation imports a determination of the value of evidence.

An appellate court will not interfere with findings of fact unless they are unsound, perverse, or not supported by evidence.

The Supreme Court will not allow a question of fact to be reopened where there are concurrent findings by two lower courts in the absence of…

Only an appeal on grounds of law alone can be brought as of right from the Court of Appeal to the Supreme Court; grounds of mixed…

In determining whether a ground of appeal involves a question of law, fact, or mixed law and fact, the essence of the ground and the reality…

Where the identity of land is not disputed between the parties, the plaintiff need not prove it as that fact is not an issue for determination.

Long possession by a trespasser cannot found a claim for declaration of title against the true owner; a trespasser may only sue persons who are not…

Land already subject to a deemed grant cannot be validly granted again during the subsistence of the first grant; a subsequent grant is invalid under the…

A deemed grant of customary right of occupancy under Section 36(2) of the Land Use Act is in all respects as good as an actual grant…

There are five established methods of proving ownership of land: traditional evidence; documents of title; acts of ownership; long possession; and possession of connected or adjacent…

A certificate of occupancy is merely prima facie evidence of title and no more; registration does not validate spurious or fraudulent instruments.