The court below was therefore right, in my view, in holding that this could not be so in that 2nd Respondent who derived his title from the Respondent cannot set up a root of title different from that of his Vendor. He must either sink or swim with him, it being that a Vendor can only pass to the purchasers whatever title he has. See Fasoro v. Beyioku (1988) 2 NWLR (Pt. 76) 263.
— Dike & Ors. V. Francis Okoloedo & Ors. (SC.116/1993, 15 Jul 1999)
SHARE ON
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 Church (2021) – SC.270/2011
Uche v. Eke (1998) 9 NWLR (Pt. 564) 24 at 35, this court, per Iguh, JSC observed: “In the first place, it has been stressed times without number that it would be wrong to assume that all a person who resorts to a grant as a method of proving his title to land needs do is simply to produce his deed of title and rest his case thereon. Without doubt, the mere tendering of such document of title may be sufficient to prove such grant where the title of the grantor to such land is either admitted or not in dispute. Where, however, as in the present case, an issue has been seriously raised as to the title of such a grantor to the land in dispute, the origin or root of title of such a grantor must not only be clearly averred in the pleadings, it must also be proved by evidence.”
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
A person or Community that had title to a parcel of land before the coming into force of the Land Use Act, 1978 is deemed to be a holder of a right of occupancy, statutory right of occupancy or customary right of occupancy, depending on the status of the land – whether it is in urban area or in non-urban area. See Section 34(2), (3) and (6) and Section 36(2), (3) and (4) of the Land Use Act.
— Wali JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)
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)
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 possession, retains possession, the payment of money to the owner of a parcel of land does not per se amount to a transfer of title to the purchaser. The payment of purchase price must be accompanied either by a conveyance executed in favor of the purchaser to invest him with legal title or by entry into possession by the purchaser to give him equitable title to the land.
– Abiru, JCA. Okoli v. Gaya (2014)
Click the icons to like, follow, and join JPoetry