GIWA & ORS V. ERINMILOKUN & ORS
| Pages | 157-160 |
NIGERIAN SUPREME COURT CASES
[1961] N.S.C.C.
157
GIWA & ORS V. ERINMILOKUN & ORS.
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APPELLANT
RESPONDENT
APPELLANT
RESPONDENT
SUIT NO. FSC 397/1961
LIADI GIWA, Chief Aromire
(for himself and on behalf
of all other members of the
Aromire Chieftaincy Family)
V
BISIRIYU 0. ERINMILOKUN
And by Order of Substitution:
YESUFU ABIODUN, Chief Oniru
(for himself and on behalf
of all other members of the
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Aromire Chieftaincy Family
V
BISIRIYU 0. ERINMILOKUN
FEDERAL SUPREME COURT.
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BRETT,
F.J.
TAYLOR,
F.J.
BRAIRAMIAN,
F.J.
8th June, 1961
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Customary Law - Grant of Family land to a war chief - Right of Reversion -
Native Law and Custom - Evidence - Judicial Notice
ISSUE:
Whether judicial notice can be taken of a Native Law and Custom without evi-
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dence to prove it.
FACTS:
This action was commenced by Liadi Giwa, Chief Aromire, for himself and all
other members of the Aromire Chieftaincy Family claiming a declaration of title
under Native Law and Custom to certain lands in Lagos, and an Order for pos-
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session against the Respondent. The action was dismissed by the High Court and
Liadi Giwa appealed. Pending the hearing on appeal the Appellant died and, by
Order, the Supreme Court substituted Yesufu Abiodun, Chief Oniru, as Appellant
to pursue the Appeal.
It was not contested that the Aromire Chieftaincy Family at one time were the
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owners of the lands; and that they were granted to one Saba, a War chief, through
Dosumu, King of Lagos.
The Family contended that by Native Law and Custom the grant to Saba was
not absolute but carried with it a right of reversion in the grantor; that, because of
certain dealings with the land, they were entitled to exercise this right of reversion
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and to possession of the lands.
The trial judge held that the onus of proving the Customary Law pleaded was
upon the Family; and they had not discharged that onus. Therefore, he dismissed
the case.
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