LEGAL PRINCIPLE: CUSTOMARY LAW – Bini Customary Land Law – Priority of Title – Earlier Grant Prevails Over Later Grant Where Equities Are Equal
PRINCIPLE STATEMENT
Under Benin Customary law, where there is a grant of the same land to two people, the earlier grant is superior to and better than the latter one.
RATIO DECIDENDI (SOURCE)
Per Babalakin, JSC in Finnih v. Imade (1992) 1 NWLR (Pt.219) 511 at 531, cited with approval in Ojo v. Azama (2001) NLC-1221995(SC) at p. 10; Paras A–B.
"Under Benin Customary law, where there is a grant of the same land to two people, the earlier grant is superior to and better than the latter one."
EXPLANATION / SCOPE
Under Bini customary law, where two grants of the same land exist, the earlier grant prevails over the later grant. The principle applies where equities are equal. The first grantee has superior title. The later grantee takes subject to the earlier grant. The principle is similar to “first in time, first in right.” The Oba’s approval vests legal estate. The earlier approved grant takes priority. The later grantee cannot claim ignorance of the earlier grant. The principle prevents double grants from defeating the first grantee’s rights. The earlier grant is better in law. The court will give effect to priority based on time of grant. The principle promotes certainty and discourages multiple grants.