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REGISTRABLE INSTRUMENT NOT REGISTERED CANNOT BE RELIED UPON TO PROVE TITLE

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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

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title to land

IN A CLAIM FOR DECLARATION TO TITLE TO LAND, THE PLAINTIFF MUST SUCCEED ON THE STRENGTH OF HIS CASE

It is now well settled that in a claim for declaration of title to land, a plaintiff has the burden of proving his case on his own evidence and cannot rely on the weakness of the defendant’s case. If that burden is not discharged, the weakness of the defendant’s case will not help him and proper judgment will be for the defendant. See Kodilinye v. Odu (1935) 2 WACA 336 at 337; Odusanya v. Ewedemi (1962) 2 SCNLR 23, 1 All NLR 320; Atuanya v. Onyejekwe (1975) 3 SC. 161; Bashua v. Maja 11 SC. 143. However a plaintiff can take advantage of and rely upon evidence By the defence which supports his case. See Akinola v. Oluwa 1 SCNLR 352, (1962) WNLR 133. Realizing this principle of law, the learned counsel for the Appellants submitted in his brief that since both parties to the case agreed that the land in dispute was intimately connected with the Edo goddess, and the Chief Priest of Edo goddess had always come from the Appellant’s family, it necessarily followed that there had been a succession of Chief Priests who held the land in trust for the Appellants’ family which proved the root of their title. I do not think that this submission holds any water here. In the first place, the Appellants, apart from mentioning the names of Chief Priests who held that office in their family over the years, did not prove their ownership of the land or that they lived there without any interference, and in the second place, except the admission in the pleadings that the family of the Appellants produced the Chief Priests, no other evidence was given proving any title or ownership by the respondents at the trial. It is an after thought to bring it at this stage and cannot in my view be accepted to prove any root of title by the Appellants. Therefore the Akintola v. Oluwo case (supra) is not relevant here.

— U.A. Kalgo, JSC. Dike & Ors. V. Francis Okoloedo & Ors. (SC.116/1993, 15 Jul 1999)

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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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WAYS OF PROVING OWNERSHIP OF AND TITLE TO A PIECE OF LAND

“The law is trite that in claims for declaration of title to land, there are five recognised ways of proving ownership of and title to a piece of land; and they are: (a) by traditional history of the land which includes modes of acquisition of same by deforestation of the virgin forest by the first settler, conquest of the original owners through acts of war, gifts, etc; (b) by production of documents of title to the land; (c) acts of possession; (d) acts of selling or leasing portions of the land; and proof of possession of connected or adjacent land – Odunze V Nwosu (2007) LPELR-2252(SC) 67, C-F, per Onnoghen, JSC; Idundun V Okumagba (1976) 9-10 SC 227; Omoregie V Idugiemwanye (1985) 2 NWLR (Pt. 5) 41; Duru V Nwosu (1989) LPELR-968(SC) 33.”

— J.H. Sankey, JCA. Ibrahim Muli v Sali Akwai (2021) – CA/G/423/2019

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ESSENCE OF REGISTRATION OF TITLE – ACQUIRING INDEFEASIBLE RIGHT

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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PAYMENT OF PURCHASE PRICE DOES NOT VEST EQUITABLE TITLE

As stated earlier, payment of purchase price alone does not vest equitable title of property and the best that the payment of purchase price can do is to entitle the purchaser to a claim for specific performance of the contract of sale.

– Abiru, JCA. Okoli v. Gaya (2014)

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FIVE WAYS TITLE TO LAND COULD BE PROVED

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.

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