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FIVE METHODS OF PROVING TITLE TO LAND

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It is now well settled law that in a claim for declaration of title to land, a party claiming title to land must do so by proving with credible evidence one or more of the five methods of proving title to land, namely: A. Evidence of traditional history of title; B. Production of genuine and valid documents of title; C. Acts of Ownership numerous enough; D. Acts of possession over a long period of time and E. Act of possession of adjacent land long enough to make it probable that the owner of the adjacent land is also the owner of the land in dispute. The 1st Appellant and the 1st Respondent, thus had open to them one or more of the above five methods to prove their title to the land in dispute and the law is that proof of any of these methods by credible evidence would be sufficient to ground an action for declaration of title to land.

— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014

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title to land

REQUIRED EVIDENCE TO PROVE TRADITIONAL HISTORY

What are the averments which a party relying on traditional histories or evidence must incorporate into their pleadings? The Supreme Court in Lebile v. The Registered Trustees of Cherubium and Seraphim Church of Zion of Nigeria, Ugbonla and Ors. (2003) 2 NWLR (Pt.804) 399 per the judgment of Uwaifo, J.S.C. provided the answer at pages 418/419 thus: “It cannot be too often said that a party who relies on traditional history (which a claim to the finding of a village or town implies) would need to plead the names of his ancestors to narrate a continuous claim of devolution, not allowing there to be any gap or leading to a prima facie collapse of the traditional history. The history must show how the land by a system of devolution eventually came to be owned by the plaintiff.”

– Aderemi JCA. Irawo v. Adedokun (2004)

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REQUIREMENTS BEFORE DOCUMENT OF TITLE IS ADMITTED AS SUFFICIENT PROOF

Mere production of a deed of conveyance or document of title does not automatically entitle a party to a claim in declaration, before the production of document of title is admitted as sufficient proof of ownership, the court must satisfy itself that:- (a) The document is genuine or valid (b) It has been duly executed, stamped and registered. (c) The grantor has the authority and capacity to make the grant. (d) That the grantor has in fact what he proposes to grant. (e) That the grant has the effect claimed by the holder of the instrument. Ayorinde v. Kuforiji (2007) 4 NWLR, Pt.1024, Pg. 341, Dosunmu v. Dada (2002) 13 NWLR Pt. 783, Pg. 1 Romaine v. Romaine (1992), 4 NWLR Pt. 238 Pg. 650, Kyri v Alkali (2001) FWLR, Pt 60, Pg. 1481 Dabor v. Abdullahi (2005) 29 WRM 11 SC 7 NWLR Pt. 923, Pg. 181.

— O.O. Adekeye, JSC. Agboola v UBA (2011) – SC.86/2003

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DUTY OF PARTY CLAIMING LAND THROUGH HISTORY OF OWNERSHIP

The law is clear that it is not enough for a plaintiff seeking a declaration of title to land to lead evidence to trace his title to a particular person. He must go beyond that to establish by credible evidence the root of that person’s title otherwise title will not be declared in him: See Mogaji v. Cadbury Nigeria Ltd. (1985) 2 NWLR (Pt.7) 393; (1985) 7 SC 59; Ogunleye v. Oni (1990) 2 NWLR (Pt.135) 745; Uche v. Eke (1992) 2 NWLR (pt.224) 433.

— Uwaifo, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

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PURCHASER OF REGISTERED LAND IS NOT AFFECTED BY NOTICE

Thus a purchaser of registered land is not affected with notice either actual or constructive, of any unregistered estate, interest or claim which affects the estate of his vendor. The estate of a first registered owner for value is free from unregistered estate, interest or claim affecting the land. It is not limited by any interest adverse to or in derogation of his title subsisting or capable of arising at the time of first registration. The plaintiff having tendered the documents enumerated above ought to have been declared owner of the parcel of land and if the courts below had appreciated the basic idea behind registration of title under cap, 166, Laws of Lagos State, 1994 and its incidents, their decisions would have been different. There is no way the defendants can successfully challenge the title of the plaintiff short of the rectification of the register in accordance with sections 60 and 61 of the law, Since that was not the case, the title of the plaintiff in respect of plots 89, 91 and 93 remains indefeasible.

— Ogwuegbu, JSC. Onagoruwa & Ors. v. Akinremi (2001) – SC.191/1997

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WHERE BOTH PARTIES KNOW THE LAND, UNCERTAINTY CANNOT ARISE

The land in dispute herein referred to by both parties can only be the land in respect of which Plaintiff claims damages for trespass and perpetual injunction against the Defendant. it is therefore strange and absurd for learned Counsel to the 1st Defendant to contend that the identity of the land in dispute is uncertain. It has always been accepted in our courts in land cases that where the area of land in dispute is well known to the parties. the question of proof not being really in dispute does not arise. In such a situation it cannot be contended that the area claimed or can the land in dispute be described as uncertain – See Etiko v. Aroyewun (1959) 4 FSC 129; (1959) SCN LR 308; Osho v. Ape (1998) 8 NWLR (Pt. 562) 492. In the circumstances of this case the identity of the land in dispute cannot he described as uncertain since both parties know and have accepted it as the land in dispute.

— Karibi-Whyte JSC. Engineer Bayo Akinterinwa & Anor V. Cornelius Oladunjoye (SC.98/94, 7 April 2000)

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PAYMENT OF PURCHASE PRICE DOES NOT VEST EQUITABLE TITLE

As stated earlier, payment of purchase price alone does not vest equitable title of property and the best that the payment of purchase price can do is to entitle the purchaser to a claim for specific performance of the contract of sale.

– Abiru, JCA. Okoli v. Gaya (2014)

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