LEGAL PRINCIPLE: LAND LAW – Proof of Title – Derivative Title – Need to Prove Root of Title of Grantor
PRINCIPLE STATEMENT
Where in a claim for declaration of title, the plaintiff relies on derivative title, he must not only plead and prove how he derived his title but also the title of the person from whom he claims to have derived title. It is only if such plaintiff can establish the title of the person from whom he claims, that the burden of proving title would have been discharged.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ngene v. Igbo & Anor (2000) NLC-1531992(SC) at p. 16; Paras D–E.
"Where in a claim for declaration of title, the plaintiff relies on derivative title, he must not only plead and prove how he derived his title but also the title of the person from whom he claims to have derived title. It is only if such plaintiff can establish the title of the person from whom he claims, that the burden of proving title would have been discharged."
EXPLANATION / SCOPE
Derivative title requires proof of the grantor’s title, not merely proof of the grant. The maxim nemo dat quod non habet (no one gives what they do not have) applies. The plaintiff must trace title to a person or family with valid original ownership. Failure to prove the grantor’s title breaks the chain. The plaintiff cannot acquire better title than the grantor possessed. This prevents claims based on invalid or defective transfers. The burden includes establishing how the grantor acquired the land. Derivative title claims fail unless the root of the grantor’s title is established.