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
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The fact that land is used as a market does not necessarily mean that it is communal land. A market is no doubt a public place which may be an open space or a building where people go to buy and sell goods. But it does not follow from the fact that it is a public place that the market belongs to the community and not to an individual or a group of individuals. Even if the market is communally owned evidence as to the community which owns it must be forthcoming before one can come to the conclusion that it belongs to that community.
— Agbaje, JSC. Ogunleye v Oni (1990) – S.C. 193/1987
The control and management of all land in the state, apart from the land vested in the President, Commander-in-Chief of the Armed Forces, is therefore vested either in the Military Governor or the Local Government and while the Military Governor has power to grant statutory right of occupancy in respect of any land [see section 5(1)(a)] the Local Government has power to grant customary right of occupancy in respect of land not in an urban area [see section 6(1)(a) and (b)].
– Obaseki, JSC. Savannah v. Ajilo (1989)
The accepted methods of proving customary ownership of land are- (1) Traditional History of ownership; (2) Where the evidence in (1) above is found to be inconclusive, then proof of acts of occupation and use of the land over a considerable long period without challenge or disturbance from any other claimant and (3) Where (2) above fails, proof of exclusive possession without permission. See – Ekpo v. Ita 11 N.L.R. 68; F.M. Alade v. Lawrence Awo (1975) 4 S.C.215.
— Wali JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)
The Plaintiffs/Appellants in this case claimed a declaration, damages for trespass and an injunction. Such a claim should be tied on to a definite and specific area of land so that any enuring judgment for the plaintiffs may inform the defendants what the opinion of the court is as to the limits of their rights and not expose them in the exercise of such rights to the consequences of violating an injunction based on a plan like Ex. A which not containing precise boundaries leaves the land in dispute vague and imprecise. It is not for the Defendant/Respondent to find out what portions of Ex.A belongs to the Plaintiffs/Appellants and what portions do not. That is the first hurdle a claimant to land will clear i.e. to establish the precise area he is claiming.
– Oputa JSC. OLUFOSOYE v. OLORUNFEMI (1989)
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)
Let me add to the vexed definitions of land the Roman maxim which found its way into the English common Law quic quid plantatur solo, solo cedit (whatever is affixed to the soil, belongs to the soil) while the judicial and academic conflict of opinion rages whether that maxim of English Common law is also a rule of Nigerian customary law. While that debate subsists, the better view on the authorities of Santeng v. Darkwa 6 WACA 52 and Moore v. Jones 7 NLR 84 appears that it is not. Be that as it may, it must be borne in mind that this maxim is not an immutable rule of law because a lot depends on the fixture attached to the ground or building. See Adeniji v. Ogunbiyi 1965 NMLR 395. The above definitions of land, including the maxim in respect thereto, show the increasing difficulty in determining the legal conception of land, and the final word in this regard. No doubt, even to the laymen today, land no longer means the ordinary ground with its subsoil, but surely includes buildings and trees growing thereon. for the court in any circumstance, therefore, to exclude the structures and objects, like buildings and trees standing on the ground in the connotation of the term “land” it must be shown to be clearly discernible from the content of the executed or written document.
— Achike, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609
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