Judiciary-Poetry-Logo
JPoetry

OWNER OF LAND AND INTRUDER CANNOT BE IN POSSESSION AT THE SAME TIME; BETTER TITLE SUCCEEDS

Dictum

The plaintiff and the 1st defendant say that they are in possession. The position however is that an owner of land and a person intruding on that land without his consent cannot both be in possession of the land at the same time. Possession resides in the claimant that establishes a better title. See Pius Amakor v. Benedict Obiefuna (1974) 3 SC 67 at 82; Ogunbiyi v. Adewunmi (1988) 5 NWLR (Pt.93) 215.

— Katsina-Alu JSC. Engineer Bayo Akinterinwa & Anor V. Cornelius Oladunjoye (SC.98/94, 7 April 2000)

Was this dictum helpful?

SHARE ON

WHAT IS POSSESSION OF LAND

What is possession of a parcel of land? What does possession of a parcel of land mean? Possession of a parcel of land means the occupation or physical control of the land either personally or through an agent or servant. A trespasser does not by the act of trespass secure possession of the land in...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DIFFERENCE BETWEEN ‘OCCUPATION’ & ‘POSSESSION’ IN LAND LAW, AND THAT WHICH CAN LEAD TO PRESUMPTION OF OWNERSHIP

But the real problem of such cases is that quite often, as in this case, there is tendency to confuse possession with mere occupation. ‘Occupation’ as used in relation to land entails mere physical control of the land in the time being. It is a matter of fact. Such a control may have originated from...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

OCCUPIER VS POSSESSION VS TITLE

My first observation is that, contrary to what was the case with the Land Tenure Law of former Northern Nigeria which defined a “right of occupancy” as a “title to the use and occupation of land”, the Land Use Act, 1978, contains no such provision. It never associated the certificate with title. All it does...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here