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APPELLANT NEED NOT PROVE ALL FIVE WAYS FOR PROVING OWNERSHIP OF LAND

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In an action for declaration of title to land, as in the instant case, a plaintiff need not prove all the five ways. Where the plaintiff’s case is based on traditional evidence of ownership as the legal basis of his claim, his duty is limited to proving such traditional title and no more. On the other hand, if a plaintiff’s claim relies on conveyance as the legal basisof ownership , his duty is simply to produce the documents of title or the title deeds. The same thing applies where he claims through any of the other remaining three ways.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

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title to land

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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WHERE PARTY BASIS HIS TITLE ON GRANT BY CUSTOM IS TO PROVE GRANTOR’S TITLE

This court has made it clear in several decisions that if a party bases its title on a grant according to custom by a particular family or community, that party must go further to plead and prove the origin of the title of that particular person, family or community unless that title has been admitted. See on this Mogaji v. Cadbury Nigeria Ltd. (1985) 2 N.W.L.R. (Pt. 7) 393 at 431 also Elias v. Omo-Bare (1982) 5 S.C.25 at pp.57-58.

— Nnaemeka-Agu, JSC. Ogunleye v Oni (1990) – S.C. 193/1987

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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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THE WAY TO TEST THE TRUTH IN TRADITIONAL HISTORY WHERE CONFLICT

The treatment of traditional evidence or history has over the years come to be regulated by what I may call the rule in Kojo II v. Bonsie (1957) 1 NMLR 1223. The proposition of law relating to traditional evidence as decided in Kojo II v. Bonsie is that where there is a conflict of traditional history, demeanour by itself, is of little guide to the truth. The best way to test the traditional history is by reference to the facts in recent years as established by evidence and by seeing which of the two competing histories is more probable.

– Aderemi JCA. Irawo v. Adedokun (2004)

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FIVE RECOGNISED METHODS TO PROVE LAND OWNERSHIP

In Uzochukwu v. Eri (1997) 7 NWLR (Pt. 514) 535 at 546, E—G per Iguh JSC: ‘The law appears well settled that there exists five recognized methods by which ownership of land may be established. Briefly put, they comprise as follows:- (i) Proof by traditional evidence. (ii) Proof by production of document of title. (iii) Proof by acts of ownership extending over a sufficient length of time, numerous and positive enough as to warrant the inference that the persons exercising such acts are the true owners of the land. (iv) Proof by acts of long possession and (v) Proof by possession of connected or adjacent land in circumstances rendering it probable that the owner of such land would in addition be the owner of the land in dispute. See: Idundun & Ors. v. Okumagha (1976) 9 and 10 SC 277 at 246-250; Atanda v. Ajani (1989) 3 NWLR (Pt.111) 511; Myanwu v. Mhara (1992) 5 NWLR (Pt.242) 386; Sunday Piaro v. Chief Tenalo & Ors. (1976) 12 SC 31 at 41-43 etc’

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PARTY MUST AS WELL ESTABLISH THE TITLE OF WHO HE TRACES TO

It is well settled that once a party pleads and traces his root of title in an action involving title to land to a particular person or source, and this averment, as in the present case, is disputed or challenged, that party, to succeed, as a plaintiff in the suit must not only establish his own title to such land, he must also satisfy the court on the validity of the title of that particular person or source from whom he claims to have derived his title. See Mogaji v. Cadbury Nigeria Ltd. (1985) 7 SC 59, (1985) 2 NWLR (pt.7) 393 at 431; Elias v. Omo-Bare (1982) 5 SC 25 at 37 – 38.

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

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