LEGAL PRINCIPLE: LAND LAW – Proof of Title – Root of Title – Need to Plead Grantor’s Title
PRINCIPLE STATEMENT
It is beyond dispute that once a party pleads and traces the root of his title to a particular person or family, that party must establish how that person or family derived his or its title to such land. Accordingly, the plaintiff, to succeed in his claim for declaration of title to the land in dispute in the present action must not only plead and establish his title thereto but also the title of the person from whom he claims, for, as the maxim goes, nemo dat quod non habet meaning that no one can give that which he does not have.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ngene v. Igbo & Anor (2000) NLC-1531992(SC) at p. 15; Paras C–D.
"It is beyond dispute that once a party pleads and traces the root of his title to a particular person or family, that party must establish how that person or family derived his or its title to such land. Accordingly, the plaintiff, to succeed in his claim for declaration of title to the land in dispute in the present action must not only plead and establish his title thereto but also the title of the person from whom he claims, for, as the maxim goes, nemo dat quod non habet meaning that no one can give that which he does not have."
EXPLANATION / SCOPE
The maxim nemo dat quod non habet governs derivative title. A party tracing title to a grantor must prove the grantor’s title, not merely the grant. This requires establishing how the grantor acquired the land. The chain of title must be complete from original owner to the plaintiff. Any break in the chain defeats the claim. The plaintiff cannot receive better title than the grantor possessed. This prevents reliance on invalid or defective transfers. The burden includes proof of the grantor’s root of title. The principle protects true owners from defective derivative claims.