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ALL LANDS VESTED IN MILITARY GOVERNOR

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The control and management of all land in the state, apart from the land vested in the President, Commander-in-Chief of the Armed Forces, is therefore vested either in the Military Governor or the Local Government and while the Military Governor has power to grant statutory right of occupancy in respect of any land [see section 5(1)(a)] the Local Government has power to grant customary right of occupancy in respect of land not in an urban area [see section 6(1)(a) and (b)].

– Obaseki, JSC. Savannah v. Ajilo (1989)

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NAME OR ETYMOLOGY OF THE LAND IS NOT INDICATIVE OF OWNERSHIP

The trial court found in favour of the respondents but that finding is neither here nor there, because the name or etymology of the name of a piece of land is not necessarily indicative of the ownership thereof. In the case of Alhaji Aromire and 2 ors v. J.S. Awoyemi (1972) 1 A.N.L.R (Pt. 1) 101 at 113, this Court, per Coker J.S.C., held that no reliance can be placed on the differences in the names ascribed to the same portion of land in the vicinity. The difference in names will be immaterial if the identity of the land in dispute is otherwise not in dispute. In the same vein, the Court of Appeal, per Nnaemeka-Agu J.C.A., as he then was, in the case of Onwumere v. Agwunedu (1987) 3 N.W.L.R. (Pt. 62) 673 expressed the following opinion – “Now it has been decided by a long line of decided casesboth by this Court and the Supreme Court that when parties base their claims to land upon evidence of tradition and the evidence of tradition called by both sides to the suit is in conflict, the best way to decide which of the conflicting stories is the more probable is to test them from the background of facts within living memory. See on this Agedegudu v. Ajenifuja (1963) 1 All N.L.R. 109 at p. 115 to 117; Ogboide Aikhionbare and ors v. Omoregie and ors (1976) 12 SC 11. It is not a matter, which can be resolved on the credibility of witnesses or as the learned Judge has done by mere etymological approach when the names themselves and the ownership of the surrounding lands and some of the features on the land in dispute are parts of the conflict …”

— Edozie JSC. Cosm As Ezukwu v. Peter Ukachukwu Jude Ukachukwu (SC. 160/2000, 2 July 2004)

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LAND CONTRACT MUST BE IN WRITING

Generally, a contract may be oral i.e., (by parol) or in writing. There are however some contracts which the law mandatorily imposes a written requirement for the enforceability of such contracts. One of such contracts is a contract for the sale of land.

– Amaizu, J.C.A. Adeniran v. Olagunju (2001)

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HOW TO PROVE LAND BY TRADITIONAL HISTORY

It is well settled that one of the five ways of establishing a claim for declaration of title to land is by traditional evidence. See Idundun v. Okumagba (1976) 9-10 SC, 227. It is also settled that once the traditional evidence is found to be conclusive and cogent, there would be no need whatsoever to require further proof. See Akinyili v. Ejidike (1996) 5 NWLR (Pt. 449) 181 at 417; Balogun v. Akanji (1988) 1 NWLR (Pt. 70) 301; Amajideogu v. Ononaku (1988) 2 NWLR (Pt. 78) 614. But the traditional evidence must be such as to be consistent and properly link the plaintiff with the traditional history relied upon. See Owoade v. Omitola (1988) 2 NWLR (Pt. 77) 413. Also a plaintiff who seeks declaration of title to land must prove his root of title to the land. If he traces his title to a particular person, it is not enough to stop there. He must go further to prove how that person got his own title or came to have the title vested in him including where necessary the family that originally owned the land. See Thomas v. Preston Holder 12 WACA 78; Ajibona v. Kolawole (1996) 10 NWLR (Pt. 476) 22.

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

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POOR DRAFTING OF THE LAND USE ACT

This case has once more highlighted the unnecessary difficulties created by lack of precision and inelegant drafting of statutes. The Land Use Act as a major legislation affecting the fortunes of every Nigerian leaves a lot to be desired in its drafting. The Land Use Act is an existing law and, as I declared in another forum earlier on last year, has come to stay with us. Laudable as the intention of the Act declared in the provisions of section 1 is, it is my opinion that it cannot be realised as long as the administrative provisions which deprive all Nigerians of the use and benefit of the land vested in the Military Governor remains. It is for Nigerians through their representatives (elected and non elected) to give detailed examinations to these provisions and make the necessary amendments to enable the Act achieve its laudable purpose.

– Obaseki, JSC. Savannah v. Ajilo (1989)

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ACCEPTED METHODS OF PROVING CUSTOMARY OWNERSHIP

The accepted methods of proving customary ownership of land are- (1) Traditional History of ownership; (2) Where the evidence in (1) above is found to be inconclusive, then proof of acts of occupation and use of the land over a considerable long period without challenge or disturbance from any other claimant and (3) Where (2) above fails, proof of exclusive possession without permission. See – Ekpo v. Ita 11 N.L.R. 68; F.M. Alade v. Lawrence Awo (1975) 4 S.C.215.

— Wali JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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PLAINTIFF SHOULD ESTABLISH CLEARLY THE AREA OF LAND WHICH HIS CLAIM RELATES

I think it is an elementary requirement of our land law that the first duty of any plaintiff claiming from the court a declaration of title to land is to show clearly the area of land to which his claim relates:- Akinola Baruwa v. Ogunshola (1938) 4 W.A.C.A. 195. This duty a plaintiff can discharge, either by describing the land with such particularity that a surveyor can from his description produce an accurate plan of the land:- Kwadzo v. Adjei (1944) 10 W.A.C.A. 274 or, by himself producing an accurate plan of the land showing precise boundaries. If the plan is inaccurate in the sense that the boundaries are imprecise or that the oral evidence does not tally with the details appearing on the plan, then the trial court will be justified in regarding such a plan as vague and unsatisfactory and again justified in refusing to find a declaration of title on such a plan: Udekwe Amata v. Udogu Modekwe and Ors. (1954) 14 W.A.C.A. 580. The reason for insisting on accurate plans is simply to enable the parties and other persons claiming through them to know precisely the area of land to which the judgment and orders relate:- Maberi v. Alade (1987) 2 N.W.L.R. (Part 55) 101 at p.106. Enforcement of a judgment and order of injunction based on an inaccurate plan will create difficulties, untold difficulties. Where parties own land abutting a common boundary that common boundary will be shown with particularity and precision: Okorie and Ors. v. Udom and Ors. (1960) 5 F.S.C. 162 at p.166; Udofia & anor. v. Afia and ors. Andy v. Akpabio and ors. (1940) 6 W.A.C.A. 216. Another feature of our land law which has to be kept in view while considering Issue No. 1 above is that where a party claims a specific area of land and can only prove title to a part of that area of land or where the defendant concedes part of the land claimed, the court can grant the plaintiff title to the area proved or conceded but if; and only if, that area is definite and can be easily hatched out of and excised from the total area claimed, see Abudu Karimu v. Daniel Fajube (1968) N.M.L.R. 151 and Anukwua and ors. v. Ohia and ors. (1986) 5 N.W.L.R. (Pt. 40) 150 at p.161. Otherwise the declaration may be rightly refused.

– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)

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