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)
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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
Idundun v. Okumagba (1976) 9-10 SC 227; (1976) 1 NMLR 200, this court enumerated five ways in which title or ownership of land could be proved. These are: (1) By traditional evidence. (2) By production of documents of title duly authenticated and executed. (3) By acts of ownership extending over a sufficient length of time numerous and positive enough to warrant the inference of true ownership. (4) By acts of long possession and enjoyment, and (5) 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.
“The law is settled, an appellant has the duty to prove his case based on preponderance of evidence. See Afolabi Vs Ola (2016) LPELR 40186 (CA). A plaintiff is not allowed to rely on the weakness of the respondent’s case in establishing his case. See Umeadi & Ors Vs Chibuze & Ors (2020) 3 SCM page 195 -196 para 1, A per Peter Odili, JSC where it was held
“The learned jurist and author said it is as it, and again it is, trite and quite settled that in a claim for a declaration of title of land, the onus is on the plaintiff to establish his claim upon the strength of his own case and not on the weakness of the case of the defendant. The plaintiff must therefore satisfy the court that, upon pleadings and evidence adduced by him he is entitled to the declaration sought.” —
I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019
“Finally, on the issue of long possession, the law is settled that long possession alone cannot imbue title on a claimant where he is unable to prove his root of title and more so, in the face of a person who is in possession and asserts ownership of the land.”
— J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019
One of these five methods or ways of proof of title is by traditional history of the land which includes modes of acquisition of same by deforestation of the virgin forest by the first settler and by proof of acts of long possession on and over the land in issue. — J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019
As observed by the Privy Council in Gibbs v. Messer (1891) A.C. 248 at 254, per Lord Watson delivering the judgment of the Board in regard to a similar law as to registration of title: “The object is to save persons dealing with registered proprietors from the trouble and expense of going behind the register, in order to investigate the history of their author’s [i.e. vendor’s] title, and to satisfy themselves of its validity. That end is accomplished by providing that everyone who purchases in bona fide and for value, from a registered proprietor, and enters his deed of transfer or mortgage on the register, shall thereby acquire an indefeasible right, notwithstanding the infirmity of his author’s title.”
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