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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

HAD TITLE TO LAND BEFORE COMING OF THE LAND USE ACT IS CONSIDERED HOLDER

A person or Community that had title to a parcel of land before the coming into force of the Land Use Act, 1978 is deemed to be a holder of a right of occupancy, statutory right of occupancy or customary right of occupancy, depending on the status of the land – whether it is in urban area or in non-urban area. See Section 34(2), (3) and (6) and Section 36(2), (3) and (4) of the Land Use Act.

— Wali JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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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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ACTS OF POSSESSION IN PROOF OF TITLE TO LAND

Also in Duru v. Onwumelu (2001) 18 NWLR (Pt. 746) 672 at 696—697, H—D per Uwaifo JSC: ‘Now, by relying on acts of possession in proof of title to the land in question, the plaintiffs as a community inevitably put in issue the totality of the numerous acts of possession and ownership they claim to have been enjoyed by them, the positive nature of those acts and the long period over which the said acts have spanned so that the circumstance as a whole will be seen to have come within the principle long laid down in Ekpo v. Ita (1932) 11 N.L.R. 68. Simply put in relation to this case where, as already said, the plaintiffs base their right to a declaration of title to the land on the fact of long possession, the principle is that they must prove acts of ownership and possession of the land in dispute over a sufficient length of time, numerous and positive enough to warrant the inference that they are exclusive owners. In my view, it will not do if merely there are numerous acts, since these might qualify, on the part of an intrusive party, as acts of trespass. There is the requirement that the acts ought to extend over a sufficient or appreciable period of time and must be positive. To be positive, the acts ought to be such that can be verified upon strong evidence, such as, old structures and settlements, well-beaten roads or paths, economic crops or trees tending visibly to be long-lived, old farms and huts, community shrines which have long been in existence, and to which the plaintiffs as a community can satisfactorily lay claim etc.’

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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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WHEN THERE ARE EQUAL EQUITIES IN A CLAIM FOR TITLE TO LAND

“The Appellant and the 3rd Respondent in this appeal were all claiming title to the subject property to wit: Right of Occupancy No. GM/14660 on plot E-43 on GDP/4 Layout situate at the City Center behind Federal Medical Center, Gombe. Both parties were claiming title to the land in dispute relying on the allocation made to them by the 1st and 2nd Respondents. Their title is therefore from the same source. The law in such a situation is settled, which is that, when the equities are equal the first in time will prevail and consequently be awarded title to the land. See Achilihu vs Anyatonwu (2013) 12 NWLR (pt 1368) 256.”

— E. Tobi, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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DUTY OF A PLAINTIFF IN A CLAIM FOR DECLARATION OF TITLE TO LAND

“The law is settled, an appellant has the duty to prove his case based on preponderance of evidence. See Afolabi Vs Ola (2016) LPELR 40186 (CA). A plaintiff is not allowed to rely on the weakness of the respondent’s case in establishing his case. See Umeadi & Ors Vs Chibuze & Ors (2020) 3 SCM page 195 -196 para 1, A per Peter Odili, JSC where it was held
“The learned jurist and author said it is as it, and again it is, trite and quite settled that in a claim for a declaration of title of land, the onus is on the plaintiff to establish his claim upon the strength of his own case and not on the weakness of the case of the defendant. The plaintiff must therefore satisfy the court that, upon pleadings and evidence adduced by him he is entitled to the declaration sought.” —

I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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