FRANCIS ADESINA AYANWALE V. OLUMUYIWA OLUMIDE ODUSAMI

SUBJECT MATTER

DECLARATION OF STATUTORY RIGHT OCCUPANCY

EVIDENCE        

Title to land – Ascertainment of land in declaration of title to land

Evidence – Onus of Proof

Title to land – Ways to prove title to land

Tracing root of title – continuous chain of devolution

Traditional Evidence – possession of land for 20 years or a long time

Presumptions as to proof of ownership – proof of possession

Trace of title to the same source  – First in time

“In a claim for declaration of title to land, the starting point is the identity of land. The identity of the land must be clearly ascertained. The identity of land would be in issue if and only if the defendant in his pleadings disputed either the area of the land or its location” BODE RHODES – VIVOUR JSC

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CHIEF GAFARU AROWOLO V. CHIEF SUNDAY OLOWOOKERE

SUBJECT MATTER

CHIEFTANCY MATTERS

LOCUS STANDI – MEANING OF

TRADITIONAL EVIDENCE – ADMISSIBILITY OF

TRADITIONAL EVIDENCE – NATURE OF

“Evidence of traditional history is nothing short of evidence of a historical fact transmitted from generation to generation in respect of a family and may in appropriate cases be given by any witnesses who by virtue of their peculiar and special relationship and circumstances before them and their ancestors and are in a position and knowledgeable enough to testify on the traditional evidence in question.” PER ADEKEYE JSC

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