J. K. Q. Aryeh & Ors V. Malam Dawuda Of Feoyoh & Ors (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Descent of property under native customary law—Presumption.

Facts

Plaintiffs sued claiming a declaration of title to land, damages for trespass, and an injunction ; the trial Judge held that they had failed to prove their case ; so they appealed.

Held

that the ordinary rule of native customary law as to descent through the female line applied as no sufficient evidence had been adduced to show that the case was governed by another rule..

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The appeal is dismissed with costs assessed at £43 7s. 6d.