ODUNSI & ORS V. OJORA & ORS

• Pages: 160-165

160

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ODUNSI & ORS V. OJORA & ORS.

"In Oloto v. Dawuda

(2), also relied upon Mr. Dosumu, it is stated that by the

native custom of Lagos, lands were not in former times given away absolutely,

even to war chiefs, and that it must require very strong evidence to warrant the

Court to come to a conclusion contrary to this custom. This statement was based

on expert evidence given in that case. If that statement is meant to lay down the

rule that native land cannot under any circumstances be transferred absolutely, it

needs some qualification".

In

the appeal before us there was evidence on either side in support of their re-

spective version of Native Law and Custom on this particular point in issue. In the

absence of any reported case on all fours with the present, of which the Trial Judge

was bound to take notice, as having established the position of war chiefs as re-

gards grants by land-owning Chiefs, he was in my view perfectly justified, in saying

as he did that the appellant family had not discharged the onus placed on them.

This ground of appeal must therefore fail.

The only other point raised by Learned Counsel in grounds four and five deal

with the issues of acquiescence. This would only arise if the appellant family had

succeeded on the first ground. Since they have not, and the result is that they have

no right of reversion to the land in dispute,. the question of whether they had ac-

quiesced in the respondent's and his predecessors-in- title's adverse possession

does not now arise, and no useful purpose would be served by my dealing with

the point.

I would therefore dismiss the appeal with costs assessed in favour of the re-

spondent in the sum of 21 guineas.

Brett, F.J.

I concur.

Bairamian, F.J.

I concur.

Appeal dismissed

ODUNSI & ORS V. OJORA & ORS.

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30

LASISI AJIBOLA ODUNSI

(Chief Ojora of Lagos

for himself and on behalf



APPELLANTS

of the Ojora Cheftaincy

Family)

V

1.

AMINU AKINDELE AJANI OJORA

2.

AKINWUNMI ESUROMBI ARO



RESPONDENTS

3.

OKE ESURCMBI ARO

SUIT NO. FSC 297/1960

FEDERAL SUPREME COURT.

BRETT,



F.J.

TAYLOR,



F.J.

BAIRAMIAN,



F.J.

8th June, 1961.

Chieftaincy La:v - Chieftaincy - Management of Family property - Capping of

White Cap Chiefs - Lagos Local Government Law, 1953 - Chieftaincy disputes

(preclusion of Courts) Ordinance, 1948 (No. 30 of 1948) - Oba and Chiefs of

Lagos Ordinance, 1959 (No. 22 of 1959).

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