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WAYS TO PROVE OWNERSHIP OF LAND

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In a civil claim of title to or ownership of land, for a party to succeed, he must prove his title in one of the five ways laid down in this court’s decision of Idundun vs. Okumagba (1976) 9-10 SC 227 followed by a long line of other decided authorities to the following effect: Proof by traditional evidence Proof by production of documents of title duly authenticated to prove title. Proof by acts of ownership extending over a sufficient length of time, numerous and positive as to warrant the inference that the person is the true owner. Vide Ekpo vs. Ita 11 NLR 68. Proof by acts of long possession and Proof of possession of connected or adjacent land in circumstances probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute.

— Onu, JSC. Ezennah v Atta (2004) – SC.226/2000

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title to land

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

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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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TO SUCCEED, CLAIMANT MUST PROVE THE IDENTITY OF THE LAND

It is settled law that in order to succeed in a claim for declaration of title, the plaintiff or claimant must prove or establish the identity of the land in dispute. He is duty bound to prove its exact areas, its boundaries and other features accurately. See Odiche v. Chibogwu (1994) 7 NWLR (Pt. 354) 78; Arabe v. Asanlu (1980) 5 – 7 SC 78; Oke v. Eke (1982) 12 SC 218; Fabunmi v. Agbe (1995) 1 NWLR (Pt. 2) 299; Odofin v. Oni (2001) FWLR (Pt.36) 807, (2001) 3 NWLR (Pt. 701) 488; Ojo v. Adeleke (2002 ) FWLR (Pt. 87) 716, (2002) 8 NWLR (Pt. 768) 223 at 224. It is also settled that where parties own a land on a common boundary, it is necessary to show and prove the exact boundary feature along that common boundary.

— Sanusi JCA. Ikeleve Daagir Ityavkase Ikyereve V. Joseph Kwaghkar (CA/J/45/97, 15 November 2004)

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WHERE TRADITIONAL HISTORIES ARE PLAUSIBLE, COURT WILL RELY ADDITIONALLY ON ACTS OF OWNERSHIP & LONG POSSESSION

A party seeking a declaration of title to land is not bound to plead and prove more than one root of title to succeed but he is entitled to rely on more than one root of title. However, where as in this case, he relies on traditional history, and in addition acts of ownership and long possession predicated on the traditional history as pleaded, he is not entitled to a declaration of title based on the evidence of acts of ownership and long possession where the evidence of traditional history is unavailing: See Balogun v. Akanji (1988 ) 1 N.W.L.R. (Pt. 70) 301 at 232; Eronini v. Iheuko (1989) 2 N.W.L.R. (Pt. 101) 46 at 61. However, such evidence of acts of ownership and long possession becomes relevant where the traditional histories given by both sides though plausible are in conflict. In such a situation, it will not be open to the court simply to prefer one side to the other. To determine which of the histories is more probable, the courts have called in aid the principle enunciated in the celebrated case of Kojo II v. Bonsie (1957) 1 W.L.R. 1223 which is to the effect that the preference of one history to the other as being more probable would depend on recent acts of ownership and possession shown by the parties that the court would need to consider to make up its mind. See Ohiaeri v. Akabeze (1992) 2 N.W.L.R. (Pt. 221) 1 at 19, Ekpo v. Ita (1932- 34) 11 N.L.R. 68, Mogaji v. Cadbury (Nig) Ltd. (1985) 2 N.W.L.R. (Pt. 7) 393.

— Edozie JSC. Cosm As Ezukwu v. Peter Ukachukwu Jude Ukachukwu (SC. 160/2000, 2 July 2004)

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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

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PROOF OF TITLE IS PRIMA FACIE PROOF OF POSSESSION

It is a well settled principle of our land law that when there is a dispute as to which of two persons is in possession, the presumption is that the person having title to the land is in lawful possession – See Abotche Kponuglo v. Ada Kodadja (1934-35) 2 WACA 24. It is also the law that proof of ownership is prima facie proof of possession – See England v. Palmer 14 WACA 659.

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

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