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FIVE WAYS TITLE TO LAND COULD BE PROVED

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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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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...

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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...

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DUTY OF A PLAINTIFF IN A CLAIM FOR DECLARATION OF TITLE TO LAND

“The law is settled, an appellant has the duty to prove his case based on preponderance of evidence. See Afolabi Vs Ola (2016) LPELR 40186 (CA). A plaintiff is not allowed to rely on the weakness of the respondent’s case in establishing his case. See Umeadi & Ors Vs Chibuze & Ors (2020) 3 SCM...

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WHAT CONSTITUTES A VALID TRANSFER OF A LEGAL TITLE

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...

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WHERE BOTH PARTIES KNOW THE LAND, UNCERTAINTY CANNOT ARISE

The land in dispute herein referred to by both parties can only be the land in respect of which Plaintiff claims damages for trespass and perpetual injunction against the Defendant. it is therefore strange and absurd for learned Counsel to the 1st Defendant to contend that the identity of the land in dispute is uncertain....

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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...

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