Chukwura Akunne V. Matthias Ekwuno & Ors (1952)
LawGlobal Hub Judgment Report – West Africa Court of Appeal
Native Law and Custom—Special tenure in an area re tenants and tappers. Appeals in Civil Cases—Objection to evidence not objected to below not entertained.
Facts
In the Court below the plaintiffs claimed a declaration of title to certain land, damages for trespass and for placing wine tappers on the land, and an injunction.
The defendants consented to the declaration sought but not to damages or injunction. The plaintiffs alleged that the defendants held the land under an ordinary farming tenancy, and that they had failed to pay the tribute; the defendants alleged a special form of customary tenure and payment of the tribute.
The trial Judge found in defendants’ favour, concluding his judgment with a statement that the agreement empowered them to put tenants and tappers on the land without having to obtain the plaintiffs’ consent every time. The plaintiffs appealed: their Counsel argued against the findings of the Judge; also that certain evidence was inadmissible; but no objection to it was made at the trial.
Held
The findings of the Judge of that special form of tenure in the area were supported by the evidence; the onus was in any case on the plaintiffs, but they failed to satisfy the Judge.
Per curiam: The Court would not entertain argument on evidence being inadmissible when no objection had been made to it at the trial.
Appeal dismissed.