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FIVE DISTINCT WAYS IN WHICH OWNERSHIP OF LAND MAY BE PROVED

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Dictum

The law recognises five distinct ways in which title to or ownership of land in Nigeria could be proved as stated by the Supreme Court in the case of Idundun v. Okumagba (1976) 9 – 10 SC 227. These are:- By traditional evidence. (b) By production of documents of title duly authenticated and executed. By acts of ownership extending over a sufficient length of time numerous and positive enough as to warrant the inference of true ownership. By acts of long possession and enjoyment; and , (e) 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.

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

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PROOF NOT NECESSARY WHERE IDENTITY OF LAND NOT IN DISPUTE

It is the general principle of law that a plaintiff who claims title to land must prove the identity of the land in dispute. This is to enable the court know the exact area or acreage of the land in dispute to give him judgment if he is able to prove title. However, where the identity of the land is not in dispute or where there is enough evidence for the court to infer the identity of the land, proof is not necessary. In such a situation, the plaintiff has no burden to prove the identity of the land. Of the two ways, the easier one is when the parties agree as to the identity of the land or they do not put the identity of the land in issue.

– Niki Tobi JSC. Gbadamosi v. Dairo (2007)

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REQUIREMENT FOR VALID SALE OF LAND UNDER NATIVE LAW & CUSTOM

Under Native law and custom the requirements for a valid sale are:- (a) Payment of purchase price (b) Purchaser is let into possession by the vendor (c) In the presence of witnesses. It is not necessary to have a written contract or conveyance as under English law. Adesanya V. Aderounmu (2000) 6 SC pt.2, pg, 18, Elema V. Akeuzua (2000) 6 SC pt, 3, pg. 26.

— O.O. Adekeye, JSC. Agboola v UBA (2011) – SC.86/2003

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MEANING OF “ANY PERSON” AS USED IN SECTION 36(1) OF LAND USE ACT MEANS ANY NIGERIAN

It is my firm view therefore that the words “ANY PERSON” under section 36(1) of the Act refer to and mean ANY NIGERIAN. The Act has not abrogated any law which limits the rights of aliens to own property. I will however share the views of Omololu-Thomas, J.C.A. that any foreigner who has validly owned or occupied any land before the act is deemed to be an occupier under the act. This however must be in conformity with the definition of occupier under section 50 of the Land Use Act.

— Olatawura, JSC. Ogunola v. Eiyekole (1990) – SC.195/1987

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LAND USE FOR MARKET DOES NOT NECESSARILY MEAN IT IS A COMMUNAL LAND

The fact that land is used as a market does not necessarily mean that it is communal land. A market is no doubt a public place which may be an open space or a building where people go to buy and sell goods. But it does not follow from the fact that it is a public place that the market belongs to the community and not to an individual or a group of individuals. Even if the market is communally owned evidence as to the community which owns it must be forthcoming before one can come to the conclusion that it belongs to that community.

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

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IDENTITY OF LAND

The issue of identity of the land in an action for declaration of title to land is very fundamental. The onus is on the plaintiff seeking the declaration to establish the precise identity of the land he is seeking the declaration.

– Musdapher JSC. Gbadamosi v. Dairo (2007)

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DAMAGE TO CROP GROWING ON LAND

It is a misconception to regard damage for crops growing on land as not belonging to a claim for trespass to land. Quic quid plantatur solo, solo cedit.

– Obaseki, JSC. Ekpan v. Agunu (1986)

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