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!

PLAINTIFF SHOULD ESTABLISH CLEARLY THE AREA OF LAND WHICH HIS CLAIM RELATES

Reach more audience. Place advert here.

I think it is an elementary requirement of our land law that the first duty of any plaintiff claiming from the court a declaration of title to land is to show clearly the area of land to which his claim relates:- Akinola Baruwa v. Ogunshola (1938) 4 W.A.C.A. 195. This duty a plaintiff can discharge, either by describing the land with such particularity that a surveyor can from his description produce an accurate plan of the land:- Kwadzo v. Adjei (1944) 10 W.A.C.A. 274 or, by himself producing an accurate plan of the land showing precise boundaries. If the plan is inaccurate in the sense that the boundaries are imprecise or that the oral evidence does not tally with the details appearing on the plan, then the trial court will be justified in regarding such a plan as vague and unsatisfactory and again justified in refusing to find a declaration of title on such a plan: Udekwe Amata v. Udogu Modekwe and Ors. (1954) 14 W.A.C.A. 580. The reason for insisting on accurate plans is simply to enable the parties and other persons claiming through them to know precisely the area of land to which the judgment and orders relate:- Maberi v. Alade (1987) 2 N.W.L.R. (Part 55) 101 at p.106. Enforcement of a judgment and order of injunction based on an inaccurate plan will create difficulties, untold difficulties. Where parties own land abutting a common boundary that common boundary will be shown with particularity and precision: Okorie and Ors. v. Udom and Ors. (1960) 5 F.S.C. 162 at p.166; Udofia & anor. v. Afia and ors. Andy v. Akpabio and ors. (1940) 6 W.A.C.A. 216. Another feature of our land law which has to be kept in view while considering Issue No. 1 above is that where a party claims a specific area of land and can only prove title to a part of that area of land or where the defendant concedes part of the land claimed, the court can grant the plaintiff title to the area proved or conceded but if; and only if, that area is definite and can be easily hatched out of and excised from the total area claimed, see Abudu Karimu v. Daniel Fajube (1968) N.M.L.R. 151 and Anukwua and ors. v. Ohia and ors. (1986) 5 N.W.L.R. (Pt. 40) 150 at p.161. Otherwise the declaration may be rightly refused.

– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)

Was this dictum helpful?

SHARE ON

land

COURT JURISDICTION IN CUSTOMARY RIGHT OF OCCUPANCY GRANTED BY LOCAL GOVERNMENT

Olaleye-Ote & Anor v. Babalola (2012) LPELR-9275(SC), where it was stated that, “The Land Use Act vested jurisdiction in proceedings relating to Customary Right of Occupancy granted by a Local Government on: ‘An Area Court or Customary Court or other Court of equivalent jurisdiction in a State without classification. The State Law imposed classification with jurisdiction of each grade of Court based on the value or annual rental value of the land, this modifying the jurisdiction conferred by the Federal Law.’ In my humble view, the Federal Legislature effectively covered the field in relation to the jurisdiction of the relevant Courts over proceedings in matters of customary right of occupancy granted by a Local Government. The State Law conferring jurisdiction according to Grade and value of the land in litigation is in conflict with S.41 of the Land Use Act, a Federal legislation.”

Was this dictum helpful?

ONE OF THE FIVE METHODS TO LAND PROVING IS ENOUGH

In Nruamah v. Ebuzoeme (2013) 13 NWLR (Pt. 1372) 474 at 494, F—G per Ariwoola JSC: ‘However, a plaintiff or claimant is not required to prove all the above five methods or ways to establish his claim for declaration of title. The methods are not conjunctive. It is sufficient if one of the five ways is proved. This will suffice to entitle the claimant to the declaration. See; Peter Ojoh v. Owuala Kamalu & 3 Ors. (2005) 12 SCM 332, (2005) 12 SCNJ 236 at 261; (2005) 18 NWLR (Pt. 958)523 at 574 – 575.’

Was this dictum helpful?

WHEN IS THERE A VALID SALE OF LAND

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

Was this dictum helpful?

WHEN IDENTITY OF LAND BECOMES AN ISSUE IN LAND MATTERS

It is also now settled law that requires no citation of any authority, that the identity of land in a land dispute will only be in issue if and only if the defendant in his statement of defence makes it one. If he disputes specifically either the area or the location or the features shown in the plaintiff’s plan, then the identity of the land becomes an issue to be tried. In my view both the trial court and the Court of Appeal were right in their decision that the identity of the land in dispute was not an issue joined in the pleadings to be tried.

– Musdapher JSC. Gbadamosi v. Dairo (2007)

Was this dictum helpful?

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)

Was this dictum helpful?

OWNER OF LAND UNDER CUSTOMARY LAW REQUIRES CONSENT OF GOVERNOR TO ALIENATE

Land is still held under customary tenure even though dominium is in the Governor. The most pervasive effect of the Land use Act is the diminution of the plenitude of the powers of the holders of land. The character in which they hold remain substantially the same. Thus an owner at customary law remains owners all the same even though he no longer is the ultimate owner. The owner of land, now requires the consent of the Governor to alienate interests which hitherto he could do without such consent.

— Karibe-Whyte, JSC. Ogunola v. Eiyekole (1990) – SC.195/1987

Was this dictum helpful?

No more related dictum to show.