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

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“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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title to land

ESSENCE OF REGISTRATION OF TITLE – ACQUIRING INDEFEASIBLE RIGHT

As observed by the Privy Council in Gibbs v. Messer (1891) A.C. 248 at 254, per Lord Watson delivering the judgment of the Board in regard to a similar law as to registration of title: “The object is to save persons dealing with registered proprietors from the trouble and expense of going behind the register, in order to investigate the history of their author’s [i.e. vendor’s] title, and to satisfy themselves of its validity. That end is accomplished by providing that everyone who purchases in bona fide and for value, from a registered proprietor, and enters his deed of transfer or mortgage on the register, shall thereby acquire an indefeasible right, notwithstanding the infirmity of his author’s title.”

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CANNOT SET UP A ROOT OF TITLE DIFFERENT FROM VENDOR

The court below was therefore right, in my view, in holding that this could not be so in that 2nd Respondent who derived his title from the Respondent cannot set up a root of title different from that of his Vendor. He must either sink or swim with him, it being that a Vendor can only pass to the purchasers whatever title he has. See Fasoro v. Beyioku (1988) 2 NWLR (Pt. 76) 263.

— Dike & Ors. V. Francis Okoloedo & Ors. (SC.116/1993, 15 Jul 1999)

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DUTY OF PARTY CLAIMING LAND THROUGH HISTORY OF OWNERSHIP

The law is clear that it is not enough for a plaintiff seeking a declaration of title to land to lead evidence to trace his title to a particular person. He must go beyond that to establish by credible evidence the root of that person’s title otherwise title will not be declared in him: See Mogaji v. Cadbury Nigeria Ltd. (1985) 2 NWLR (Pt.7) 393; (1985) 7 SC 59; Ogunleye v. Oni (1990) 2 NWLR (Pt.135) 745; Uche v. Eke (1992) 2 NWLR (pt.224) 433.

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

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PAYMENT OF PURCHASE PRICE GIVES THE PURCHASER AN EQUITABLE TITLE

Viewed even from the standpoint of the common law, payment of purchase price coupled with possession gives the purchaser an equitable title and he is entitled to seek an order of specific performance to compel the vendor to convey legal title to him. But where the purchaser price is not fully paid, the purchaser will have no right to enforce specific performance – see Hewe v. Smith (1884) 27 Ch D 89, a case relied on by the learned trial judge.

— M.E. Ogundare, JSC. Odusoga v Ricketts (1997) – SC.57/1990

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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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FIVE METHODS BY WHICH TITLE TO LAND MAY BE PROVED

In this regard, it is long settled that there are five methods by which ownership of land may be proved by a claimant. These are as follows: (i) By traditional evidence; (ii) By production of document of title which must be duly authenticated; (iii) By the exercise of numerous and positive acts of ownership over a sufficient length of time to warrant the inference that the person is the true owner of the land; (iv) By acts of long possession and enjoyment of the land; and (v) By proof of possession of connected or adjacent land in circumstances rendering it probable that, the owner of such connected or adjacent land would, in addition be the owner of the land in dispute. See Idundun & Ors v. Okumagba and Others (1976) N.S.C.C. 445, (1976) 9-10 SC 227 AT 249 or (1976) 1 NMLR 200.

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

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