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IMPROPER SALE DOES NOT VITIATE TITLE OF SUBSEQUENT PURCHASER

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I need to stress here that a mortgagee’s power of sale becomes exercisable if it has arisen and once it has so arisen, the title of the subsequent purchaser will not be affected by its improper or irregular exercise and the sale will be regarded valid. See MAJEKODUNMI & ORS V. CO-OP BANK LTD (1997) 10 NWLR (prt. 524) 198. But, in exercising the power of sale, a mortgagee is under duty to take reasonable care to obtain the true value of the property. See TEMCO ENG. & CO LTD V. S.B.N. LTD (1995) 5 NWLR (prt. 397) 607. However, a mortgagee will not be restrained on the exercise of his power of sale merely because the mortgagor objects to the manner in which the sale is being arranged or because the mortgagor has commenced a redemption action in Court, but he (mortgagee) will be restrained if the mortgagor pays the amount claimed by the mortgagee into Court.

— M.L. Shuaibu, JCA. FBN v Benlion (2021) – CA/C/31/2016

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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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LAND TITLE – EARLIER IN TIME IS STRONGER IN LAW

In Emmanuel Ilona vs Sunday Idakwo & Anor (2003) LPELR-1496 (SC) where the apex court held thus: “The law is well settled that where, as in the present case, there are competing interests by two or more parties claiming title to the same piece or parcel of land from a common grantor, the position, both at law and in equity, is that such competing will prima facie rank in order of their creation based on the maxim qui prior est tempore potior est jure which simply means that he who is earlier in time is stronger in law. See Ahmadu Bello University v. Fadinamu Trading Co. Ltd. & Anor (1975) 1 NMLR 42, Abiodun Adelaja v. Olatunde Fanoiki & Anor (1990) 2 NWLR (Pt. 131) 137 at 151, Barclays Bank Ltd. v. Bird (1954) Ch. 274 and 280.”

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WHETHER ACTS OF LONG POSSESSION OF LAND IS SOLELY SUFFICIENT TO PROVE TITLE TO LAND

“Finally, on the issue of long possession, the law is settled that long possession alone cannot imbue title on a claimant where he is unable to prove his root of title and more so, in the face of a person who is in possession and asserts ownership of the land.”

— J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019

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PARTY MUST AS WELL ESTABLISH THE TITLE OF WHO HE TRACES TO

It is well settled that once a party pleads and traces his root of title in an action involving title to land to a particular person or source, and this averment, as in the present case, is disputed or challenged, that party, to succeed, as a plaintiff in the suit must not only establish his own title to such land, he must also satisfy the court on the validity of the title of that particular person or source from whom he claims to have derived his title. See Mogaji v. Cadbury Nigeria Ltd. (1985) 7 SC 59, (1985) 2 NWLR (pt.7) 393 at 431; Elias v. Omo-Bare (1982) 5 SC 25 at 37 – 38.

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

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WAYS OF PROVING OWNERSHIP OF AND TITLE TO A PIECE OF LAND

“The law is trite that in claims for declaration of title to land, there are five recognised ways of proving ownership of and title to a piece of land; and they are: (a) by traditional history of the land which includes modes of acquisition of same by deforestation of the virgin forest by the first settler, conquest of the original owners through acts of war, gifts, etc; (b) by production of documents of title to the land; (c) acts of possession; (d) acts of selling or leasing portions of the land; and proof of possession of connected or adjacent land – Odunze V Nwosu (2007) LPELR-2252(SC) 67, C-F, per Onnoghen, JSC; Idundun V Okumagba (1976) 9-10 SC 227; Omoregie V Idugiemwanye (1985) 2 NWLR (Pt. 5) 41; Duru V Nwosu (1989) LPELR-968(SC) 33.”

— J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019

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PROOF OF TITLE TO LAND BY TRADITIONAL HISTORY

One of these five methods or ways of proof of title is by traditional history of the land which includes modes of acquisition of same by deforestation of the virgin forest by the first settler and by proof of acts of long possession on and over the land in issue. — J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019

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