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THE WAY TO TEST THE TRUTH IN TRADITIONAL HISTORY WHERE CONFLICT

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The treatment of traditional evidence or history has over the years come to be regulated by what I may call the rule in Kojo II v. Bonsie (1957) 1 NMLR 1223. The proposition of law relating to traditional evidence as decided in Kojo II v. Bonsie is that where there is a conflict of traditional history, demeanour by itself, is of little guide to the truth. The best way to test the traditional history is by reference to the facts in recent years as established by evidence and by seeing which of the two competing histories is more probable.

– Aderemi JCA. Irawo v. Adedokun (2004)

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title to land

WHERE COMPETING TITLE, THE ONE WHO SHOWS A BETTER TITLE WINS

Where there are competing titles, which trace their root to the same source, the one who can show a better title prevails. See:Omiyale Vs Macaulay (2009) FWLR (Pt. 479) 399: Otukpo vs John (2013) ALL FWLR (Pt: 661) 1509; (2012) LPELR–25053 (SC).

— K.M.O. Kekere-Ekun, JSC. Reg. Trustees Apostolic Church v. Reg. Trustees of Grace Church (2021) – SC.270/2011

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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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WHAT CONSTITUTES A VALID TRANSFER OF A LEGAL TITLE

It is trite law that in order to constitute a transfer of legal title under English Law by purchase, there must be a valid sale, payment of money accompanied by acknowledgement of receipt and execution of a deed of conveyance. If a person sells his land to another and fails to put the person in possession, retains possession, the payment of money to the owner of a parcel of land does not per se amount to a transfer of title to the purchaser. The payment of purchase price must be accompanied either by a conveyance executed in favor of the purchaser to invest him with legal title or by entry into possession by the purchaser to give him equitable title to the land.

– Abiru, JCA. Okoli v. Gaya (2014)

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WHERE IDENTITY OF LAND NOT IN DISPUTE, DECLARATION OF TITLE MAY BE MADE WITHOUT SURVEY PLAN

The first point that must be made is the basic principle of law that in a counter-claim, just like in any other claim for declaration of title to land, the onus lies on the claimant to prove with precision and certainty and without inconsistency the identity of the land to which his claim or counter-claim relates. See Onwuka v.Ediala (1989) 1 NWLR (Pt. 96) 182; Ezeokeke v. Umunocha Uga (1962) 1 All NLR 477. (1962) 2 SCNLR 199; Olusanmi v. Oshasona (1992) 6 NWLR (Pt. 245) 22 at 36, Udeze v. Chidebe (1990) 1 NWLR (Pt. 125) 141 etc. There can be no doubt that the most common and, perhaps, the easiest way of establishing the precise area of land in dispute is by the production of a survey plan of such land. It is, however, equally clear that it is not in all cases for declaration of title to land that it is necessary to survey and/or tender the survey plan of the land in dispute. There are many cases in which no survey plans are essential for a proper determination of the issue. What the court must consider is whether, in a particular case, it is necessary for the proper trial of the action for a survey plan to be produced. Where there is no difficulty in identifying the land in dispute, a declaration of title may be made without the necessity of tying it to a survey plan.

— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993

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IMPROPER SALE DOES NOT VITIATE TITLE OF SUBSEQUENT PURCHASER

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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TO SUCCEED, CLAIMANT MUST PROVE THE IDENTITY OF THE LAND

It is settled law that in order to succeed in a claim for declaration of title, the plaintiff or claimant must prove or establish the identity of the land in dispute. He is duty bound to prove its exact areas, its boundaries and other features accurately. See Odiche v. Chibogwu (1994) 7 NWLR (Pt. 354) 78; Arabe v. Asanlu (1980) 5 – 7 SC 78; Oke v. Eke (1982) 12 SC 218; Fabunmi v. Agbe (1995) 1 NWLR (Pt. 2) 299; Odofin v. Oni (2001) FWLR (Pt.36) 807, (2001) 3 NWLR (Pt. 701) 488; Ojo v. Adeleke (2002 ) FWLR (Pt. 87) 716, (2002) 8 NWLR (Pt. 768) 223 at 224. It is also settled that where parties own a land on a common boundary, it is necessary to show and prove the exact boundary feature along that common boundary.

— Sanusi JCA. Ikeleve Daagir Ityavkase Ikyereve V. Joseph Kwaghkar (CA/J/45/97, 15 November 2004)

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