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

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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

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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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REQUIRED EVIDENCE TO PROVE TRADITIONAL HISTORY

What are the averments which a party relying on traditional histories or evidence must incorporate into their pleadings? The Supreme Court in Lebile v. The Registered Trustees of Cherubium and Seraphim Church of Zion of Nigeria, Ugbonla and Ors. (2003) 2 NWLR (Pt.804) 399 per the judgment of Uwaifo, J.S.C. provided the answer at pages 418/419 thus: “It cannot be too often said that a party who relies on traditional history (which a claim to the finding of a village or town implies) would need to plead the names of his ancestors to narrate a continuous claim of devolution, not allowing there to be any gap or leading to a prima facie collapse of the traditional history. The history must show how the land by a system of devolution eventually came to be owned by the plaintiff.”

– Aderemi JCA. Irawo v. Adedokun (2004)

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HAD TITLE TO LAND BEFORE COMING OF THE LAND USE ACT IS CONSIDERED HOLDER

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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FIVE METHODS BY WHICH TITLE TO LAND MAY BE PROVED

In this regard, it is long settled that there are five methods by which ownership of land may be proved by a claimant. These are as follows: (i) By traditional evidence; (ii) By production of document of title which must be duly authenticated; (iii) By the exercise of numerous and positive acts of ownership over a sufficient length of time to warrant the inference that the person is the true owner of the land; (iv) By acts of long possession and enjoyment of the land; and (v) By 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. See Idundun & Ors v. Okumagba and Others (1976) N.S.C.C. 445, (1976) 9-10 SC 227 AT 249 or (1976) 1 NMLR 200.

— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993

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WHEN THERE ARE EQUAL EQUITIES IN A CLAIM FOR TITLE TO LAND

“The Appellant and the 3rd Respondent in this appeal were all claiming title to the subject property to wit: Right of Occupancy No. GM/14660 on plot E-43 on GDP/4 Layout situate at the City Center behind Federal Medical Center, Gombe. Both parties were claiming title to the land in dispute relying on the allocation made to them by the 1st and 2nd Respondents. Their title is therefore from the same source. The law in such a situation is settled, which is that, when the equities are equal the first in time will prevail and consequently be awarded title to the land. See Achilihu vs Anyatonwu (2013) 12 NWLR (pt 1368) 256.”

— E. Tobi, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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WHETHER A CERTIFICATE OF OCCUPANCY CONSTITUTE A VALID TITLE TO LAND IN FAVOUR OF THE GRANTEE

“A certificate of occupancy issued under the Land Use Act is not conclusive evidence of any interest or valid title to the land in favour of the grantee. It is only a prima facie evidence of such right, interest or title without more, and may, in appropriate cases, be challenged and rendered invalid, null and void. Consequently where it is proved, that another person, other than the grantee of a certificate of occupancy had a better title to the land, the Court may set it aside on the ground that it is invalid, defective or spurious. See also the following decided cases by the Supreme Court and the Court of Appeal: Dsungwe Vs Gbishe; Ogunleye Vs Oni (1990) 2 NWLR (Pt. 135) P. 745; Saude Vs Abdullahi; Olohunde Vs Adeyoju and Lababedi Vs Lagos Metal Ind. Ltd (1990) 2 NWLR (Pt. 135) P. 745.”

— I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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