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WHAT CONSTITUTES A VALID TRANSFER OF A LEGAL TITLE

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It is trite law that in order to constitute a transfer of legal title under English Law by purchase, there must be a valid sale, payment of money accompanied by acknowledgement of receipt and execution of a deed of conveyance. If a person sells his land to another and fails to put the person in possession, retains possession, the payment of money to the owner of a parcel of land does not per se amount to a transfer of title to the purchaser. The payment of purchase price must be accompanied either by a conveyance executed in favor of the purchaser to invest him with legal title or by entry into possession by the purchaser to give him equitable title to the land.

– Abiru, JCA. Okoli v. Gaya (2014)

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title to land

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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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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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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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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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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PAYMENT OF PURCHASE PRICE GIVES THE PURCHASER AN EQUITABLE TITLE

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

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