It settled law that where a party claims ownership of a parcel of land and relies on a plan, he must show that his plan corresponds with the land to which he lays claim. It is usually not enough for a party simply to file or tender a plan of land and rest content that the boundaries have been defined when there is nothing in the pleading and evidence against which to test the boundaries and even as well as the location and features of the said land.
– Abiru, JCA. Okoli v. Gaya (2014)
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Land is still held under customary tenure even though dominium is in the Governor. The most pervasive effect of the Land use Act is the diminution of the plenitude of the powers of the holders of land. The character in which they hold remain substantially the same. Thus an owner at customary law remains owners all the same even though he no longer is the ultimate owner. The owner of land, now requires the consent of the Governor to alienate interests which hitherto he could do without such consent.
— Karibe-Whyte, JSC. Ogunola v. Eiyekole (1990) – SC.195/1987
It is the general principle of law that a plaintiff who claims title to land must prove the identity of the land in dispute. This is to enable the court know the exact area or acreage of the land in dispute to give him judgment if he is able to prove title. However, where the identity of the land is not in dispute or where there is enough evidence for the court to infer the identity of the land, proof is not necessary. In such a situation, the plaintiff has no burden to prove the identity of the land. Of the two ways, the easier one is when the parties agree as to the identity of the land or they do not put the identity of the land in issue.
– Niki Tobi JSC. Gbadamosi v. Dairo (2007)
Their powers under the law are limited to leasing them to diverse persons, and accepting forfeitures and surrenders of leases. There appears to be substance in this contention. State lands in Nigeria invariably originate from compulsory acquisitions of such lands from individuals or communities for public purposes. Such lands are held in trust by the acquiring government for use for the public purpose for which the land was acquired and in accordance with the public policy of the state as enshrined in the laws of the state.
– Nnaemeka-agu, JSC. Ude v. Nwara (1993)
Therefore, for the plaintiff to be able to rely on part performance, he must be the person who has been let into possession of land and allowed to alter his position for the worse by carrying out acts in performance of the contract. Equity then come to his aid arising from the changed position in which he finds himself.
– Uwaifo JSC. Ekpanya v. Akpan (1988)
The accepted methods of proving customary ownership of land are- (1) Traditional History of ownership; (2) Where the evidence in (1) above is found to be inconclusive, then proof of acts of occupation and use of the land over a considerable long period without challenge or disturbance from any other claimant and (3) Where (2) above fails, proof of exclusive possession without permission. See – Ekpo v. Ita 11 N.L.R. 68; F.M. Alade v. Lawrence Awo (1975) 4 S.C.215.
— Wali JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)
Generally, a contract may be oral i.e., (by parol) or in writing. There are however some contracts which the law mandatorily imposes a written requirement for the enforceability of such contracts. One of such contracts is a contract for the sale of land.
– Amaizu, J.C.A. Adeniran v. Olagunju (2001)
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