YAKUBU AUTA v. ABDULMUMUNI LIMAN & ORS
(2014)LCN/6910(CA)
RATIO
LAND LAW: PROOF OF TRADITIONAL HISTORY TO THE CLAIM OF OWNERSHIP TO LAND
A party relying on traditional history must plead and prove (i) who founded the land in dispute and exercise original acts of possession; (ii) in what manner the land was founded; and (iii) the successive persons to whom the land thereafter devolved through an unbroken chain or in such a way that there is no gap which cannot be explained and history must show how the land by a system eventually came to be owned by the party – Oyadare Vs. Keji (2005) 7 NWLR (Pt.925) 571, Elegushi vs. Oseni (2005) 14 NWLR (Pt.945) 348, Okoko vs. Dakolo (2006) 14 NWLR (Pt.1000) 401, Okegbemi vs. Akintola (2008) 4 NWLR (Pt.1076) 53, Oko vs. Okenwa (2010) 3 NWLR (Pt.1181) 406, Alikor vs. Ogwo (2010) 5 NWLR (Pt.1187) 281.
A plaintiff who relies on evidence of traditional history as proof of title must aver in his statement of claim seriatim the genealogical tree or line of succession of the family from the cradle of its founding fathers to him and he must also lead admissible evidence in vindication or proof of the statement of claim. Unless he performs these twin procedural functions, his action is bound to fail. In other words, the pleadings of the devolution and the evidence in support must be reliable and credible otherwise the claim would fail – Dagaci of Dere Vs Dagaci of Ebwa (2006) 7 NWLR (Pt 979) 382, Ibikunle Vs Lawani (2007) 3 NWLR (Pt 1022) 580. Thus, it is not enough to say that a person or group of persons settled in a particular place; their names and the relationship of their descendants claiming through them as well as what each of them did on the land are material particulars that must be proved – Fayemi Vs Awe (2009) 15 NWLR (Pt 1164) 315, Balogun Vs Yusuf (2010) 9 NWLR (Pt 1200) 515, Gbadamosi Vs Okege (2011) 3 NWLR (Pt 1233) 175, Gbadamosi Vs Tolani (2011) 5 NWLR (Pt 1240) 352. Evidence of title by traditional history should tell a consistent flowing story, tracing in detail the root of title. Once there is a break in the ancestry, the defendant will complain and a court of law is bound to look into the complaint in the light of the totality of the evidence before it – Asuquo Vs Etim (1995) 7 NWLR (Pt 405) 104, Lawson Vs Manuel (2006) 10 NWLR (Pt 989) 569. Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A
