Ways of Proving title to land

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Joined: 18 Aug 2019, 05:58

Ways of Proving title to land

Post by topebabade »

Good evening,

To prove OWNERSHIP OF LAND, the Supreme Court, in the celebrated case of D. O. Idundun & Ors. v. Daniel Okumagba & Ors. (1976) 9-10 SC 227 at Pp. 246-250 established five ways. These are:

1. By traditional evidence (Adedibu v. Adewoyin 13 WACA 191);

2. By production of a document of grant or title Johnson v. Lawanson (1971) 1 All NLR 56;

3. By proving acts of possession and ownership extending over a sufficient length of time and are numerous and positive enough to warrant the inference that the plaintiff is an exclusive owner Ekpo v. Ita (1932) 11 NLR 68;

4. By proving acts of long possession and enjoyment of the land; but this only raises a presumption of ownership Da Costa v. Ikomi (1968) 1 All NLR 394 at p.398;

5. By proof of possession of connected or adjacent land in circumstances which make it probable that the owner of such adjacent or connected land is probably the owner of the land in dispute. Okechukwu v. Okafor. (1961) 1 All NLR 685."

Asides from the five ways of proving title to land, as stated above, the Court of Appeal also made it known in the case of BELLO v. BIRMA (2014) LPELR-23969(CA) that "the only document that can prove any passing of title would be Conveyance or Deed of Assignment". See Ezeigwe v. Awudu." Per ADAMU, J.C.A. (Pp. 32-33, paras. G-A)

Happy Weekend & Happy Valentine's Day in advance.

Ayobayo Babade
Tope Babade & Co (Real Estate Consultants)
Tel/WhatsApp: +234 813 834 4488

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