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FIVE WAYS TITLE TO LAND COULD BE PROVED

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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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title to land

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...

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IN A CLAIM FOR DECLARATION TO TITLE TO LAND, THE PLAINTIFF MUST SUCCEED ON THE STRENGTH OF HIS CASE

It is now well settled that in a claim for declaration of title to land, a plaintiff has the burden of proving his case on his own evidence and cannot rely on the weakness of the defendant’s case. If that burden is not discharged, the weakness of the defendant’s case will not help him and...

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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...

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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...

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WHETHER ACTS OF LONG POSSESSION OF LAND IS SOLELY SUFFICIENT TO PROVE TITLE TO LAND

“Finally, on the issue of long possession, the law is settled that long possession alone cannot imbue title on a claimant where he is unable to prove his root of title and more so, in the face of a person who is in possession and asserts ownership of the land.” — J.H. Sankey, JCA. Ibrahim...

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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....

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