STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

PAYMENT OF PURCHASE PRICE GIVES THE PURCHASER AN EQUITABLE TITLE

Reach more audience. Place advert here.

Viewed even from the standpoint of the common law, payment of purchase price coupled with possession gives the purchaser an equitable title and he is entitled to seek an order of specific performance to compel the vendor to convey legal title to him. But where the purchaser price is not fully paid, the purchaser will have no right to enforce specific performance – see Hewe v. Smith (1884) 27 Ch D 89, a case relied on by the learned trial judge.

— M.E. Ogundare, JSC. Odusoga v Ricketts (1997) – SC.57/1990

Was this dictum helpful?

SHARE ON

title to land

APPELLANT NEED NOT PROVE ALL FIVE WAYS FOR PROVING OWNERSHIP OF LAND

In an action for declaration of title to land, as in the instant case, a plaintiff need not prove all the five ways. Where the plaintiff’s case is based on traditional evidence of ownership as the legal basis of his claim, his duty is limited to proving such traditional title and no more. On the other hand, if a plaintiff’s claim relies on conveyance as the legal basisof ownership , his duty is simply to produce the documents of title or the title deeds. The same thing applies where he claims through any of the other remaining three ways.

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

Was this dictum helpful?

FIVE METHODS OF PROVING TITLE TO LAND

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

Was this dictum helpful?

REGISTRABLE INSTRUMENT NOT REGISTERED CANNOT BE RELIED UPON TO PROVE TITLE

The crucial question to be answered in this appeal is what is the effect of the non-registration of Exhibits -E’ and ‘F which are registrable instruments within the provisions of section 2 of the Land Instruments Registration Law. There is a long and impressive judicial authority for the proposition that the non-registration of a registrable instrument renders such instrument inadmissible as evidence in a litigation where such instrument is relied upon as evidence of title. – See Abdallah Jammal v. Said; & Fetuga 11 NLR. 86. Elkali & anor. v. Fawaz 6 WACA. 212 at p. 214. Coker v. Ogunye (1939) 15 NLR. 57; Ogunbambi v. Abowab (1951) 13 WACA. 222. Amankra v. Zankley (1963) 1 All NLR. 364. Section 15 of the Lands Instrument Registration Law provides simply as follows – “No instrument shall be pleaded or given in evidence in any Court as affecting any land unless the same shall have been registered. Provided that a memorandum given in respect of an equitable mortgage affecting land in Eastern Nigeria executed before the 1st day of July, 1944, and not registered under this Law may be pleaded and shall not be inadmissible in evidence by reason only of not being so registered.”

— Karibe-Whyte JSC. Okoye v Dumez & Ors. (1985) – SC.89/1984

Was this dictum helpful?

WHERE BOTH PARTIES KNOW THE LAND, UNCERTAINTY CANNOT ARISE

The land in dispute herein referred to by both parties can only be the land in respect of which Plaintiff claims damages for trespass and perpetual injunction against the Defendant. it is therefore strange and absurd for learned Counsel to the 1st Defendant to contend that the identity of the land in dispute is uncertain. It has always been accepted in our courts in land cases that where the area of land in dispute is well known to the parties. the question of proof not being really in dispute does not arise. In such a situation it cannot be contended that the area claimed or can the land in dispute be described as uncertain – See Etiko v. Aroyewun (1959) 4 FSC 129; (1959) SCN LR 308; Osho v. Ape (1998) 8 NWLR (Pt. 562) 492. In the circumstances of this case the identity of the land in dispute cannot he described as uncertain since both parties know and have accepted it as the land in dispute.

— Karibi-Whyte JSC. Engineer Bayo Akinterinwa & Anor V. Cornelius Oladunjoye (SC.98/94, 7 April 2000)

Was this dictum helpful?

DUTY OF PARTY CLAIMING LAND THROUGH HISTORY OF OWNERSHIP

The law is clear that it is not enough for a plaintiff seeking a declaration of title to land to lead evidence to trace his title to a particular person. He must go beyond that to establish by credible evidence the root of that person’s title otherwise title will not be declared in him: See Mogaji v. Cadbury Nigeria Ltd. (1985) 2 NWLR (Pt.7) 393; (1985) 7 SC 59; Ogunleye v. Oni (1990) 2 NWLR (Pt.135) 745; Uche v. Eke (1992) 2 NWLR (pt.224) 433.

— Uwaifo, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

Was this dictum helpful?

PURCHASER OF REGISTERED LAND IS NOT AFFECTED BY NOTICE

Thus a purchaser of registered land is not affected with notice either actual or constructive, of any unregistered estate, interest or claim which affects the estate of his vendor. The estate of a first registered owner for value is free from unregistered estate, interest or claim affecting the land. It is not limited by any interest adverse to or in derogation of his title subsisting or capable of arising at the time of first registration. The plaintiff having tendered the documents enumerated above ought to have been declared owner of the parcel of land and if the courts below had appreciated the basic idea behind registration of title under cap, 166, Laws of Lagos State, 1994 and its incidents, their decisions would have been different. There is no way the defendants can successfully challenge the title of the plaintiff short of the rectification of the register in accordance with sections 60 and 61 of the law, Since that was not the case, the title of the plaintiff in respect of plots 89, 91 and 93 remains indefeasible.

— Ogwuegbu, JSC. Onagoruwa & Ors. v. Akinremi (2001) – SC.191/1997

Was this dictum helpful?

No more related dictum to show.