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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

FIVE METHODS OF PROVING TITLE TO LAND

It is now well settled law that in a claim for declaration of title to land, a party claiming title to land must do so by proving with credible evidence one or more of the five methods of proving title to land, namely: A. Evidence of traditional history of title; B. Production of genuine and valid documents of title; C. Acts of Ownership numerous enough; D. Acts of possession over a long period of time and E. Act of possession of adjacent land long enough to make it probable that the owner of the adjacent land is also the owner of the land in dispute. The 1st Appellant and the 1st Respondent, thus had open to them one or more of the above five methods to prove their title to the land in dispute and the law is that proof of any of these methods by credible evidence would be sufficient to ground an action for declaration of title to land.

— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014

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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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FIVE WAYS TITLE TO LAND COULD BE PROVED

Idundun v. Okumagba (1976) 9-10 SC 227; (1976) 1 NMLR 200, this court enumerated five ways in which title or ownership of land could be proved. These are: (1) By traditional evidence. (2) By production of documents of title duly authenticated and executed. (3) By acts of ownership extending over a sufficient length of time numerous and positive enough to warrant the inference of true ownership. (4) By acts of long possession and enjoyment, and (5) 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.

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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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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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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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