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PROOF OF TITLE TO LAND BY TRADITIONAL HISTORY

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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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title to land

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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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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APPELLANT NEED NOT PROVE ALL FIVE WAYS FOR PROVING OWNERSHIP OF LAND

In an action for declaration of title to land, as in the instant case, a plaintiff need not prove all the five ways. Where the plaintiff’s case is based on traditional evidence of ownership as the legal basis of his claim, his duty is limited to proving such traditional title and no more. On the other hand, if a plaintiff’s claim relies on conveyance as the legal basisof ownership , his duty is simply to produce the documents of title or the title deeds. The same thing applies where he claims through any of the other remaining three ways.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

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WAYS TO PROVE OWNERSHIP OF LAND

In a civil claim of title to or ownership of land, for a party to succeed, he must prove his title in one of the five ways laid down in this court’s decision of Idundun vs. Okumagba (1976) 9-10 SC 227 followed by a long line of other decided authorities to the following effect: Proof by traditional evidence Proof by production of documents of title duly authenticated to prove title. Proof by acts of ownership extending over a sufficient length of time, numerous and positive as to warrant the inference that the person is the true owner. Vide Ekpo vs. Ita 11 NLR 68. Proof by acts of long possession and Proof of possession of connected or adjacent land in circumstances probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute.

— Onu, JSC. Ezennah v Atta (2004) – SC.226/2000

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WHETHER A CERTIFICATE OF OCCUPANCY CONSTITUTE A VALID TITLE TO LAND IN FAVOUR OF THE GRANTEE

“A certificate of occupancy issued under the Land Use Act is not conclusive evidence of any interest or valid title to the land in favour of the grantee. It is only a prima facie evidence of such right, interest or title without more, and may, in appropriate cases, be challenged and rendered invalid, null and void. Consequently where it is proved, that another person, other than the grantee of a certificate of occupancy had a better title to the land, the Court may set it aside on the ground that it is invalid, defective or spurious. See also the following decided cases by the Supreme Court and the Court of Appeal: Dsungwe Vs Gbishe; Ogunleye Vs Oni (1990) 2 NWLR (Pt. 135) P. 745; Saude Vs Abdullahi; Olohunde Vs Adeyoju and Lababedi Vs Lagos Metal Ind. Ltd (1990) 2 NWLR (Pt. 135) P. 745.”

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

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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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