Therefore, for the plaintiff to be able to rely on part performance, he must be the person who has been let into possession of land and allowed to alter his position for the worse by carrying out acts in performance of the contract. Equity then come to his aid arising from the changed position in which he finds himself.
– Uwaifo JSC. Ekpanya v. Akpan (1988)
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In law therefore, a valid sale of land is constituted where there is payment of money as consideration, acknowledgment of receipt of the purchase money and execution of deed of conveyance in favour of the purchaser by the Vendor. See Erinosho v. Owokoniran (1965) NMLR 479. See also Ogunbanbi v Abowab (1951) 13 WACA 222; Onafowokan V Oshopitan (2009) 1 WRN 142 @p. 166
— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014
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)
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)
In Kojo II v. Bonsie (1957) 1 W.L.R. 1223 it was held that- “Where there is a conflict of traditional history which had been handed down by words of mouth one side or the other must be mistaken, yet both may be honest in their belief. In such a case, the demeanour of witnesses is of little guide to the truth. The best way is to test the traditional history by reference to facts in recent years as established by evidence and by seeing which of the two competing histories is more probable.”
Odusoga v. Ricketts (1997) 7 NWLR (pt.511) 1 at 21 where Wali, J.S.C said:- “The fact that the Respondent made part-payment to the vendor, for which he obtained a receipt Exhibit ‘A’ did not pass the legal estate of the land in dispute to him. Where a purchaser, as in this case, paid only part of the purchase price of a parcel of land which was demarcated into plots before the sale, went into possession, developed substantial part of the land while leaving the rest bushy and undeveloped, the legal estate of the undeveloped part still remained with the vendor, particularly when the purchaser had failed to pay the balance of the purchase price after several repeated demands”.
Onu, J.S.C at page 25 of the same report observed thus: “In the instant case, no such customary sale did indeed take place, and the trial Court rightly so found. This is because, the Respondent did not pay the full price for the 4 plots of land he purported to purchase from the Appellants for 950 pounds with a balance of 250 pounds left unpaid. The attributes of a valid sale being therefore absent from the purported sale to the Respondent, title thereto not having passed, the Court below seriously erred, when it held that under customary law the legal representatives of Jemi-Alade, transferred the ownership of the land in dispute on the part payment of the purchase price thereof. A fortiori the court below also was in error when, it held that the execution in 1976 of Exhibit ‘B’ was a confirmation of the purported customary sale which took place in 1965…”
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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