LEGAL PRINCIPLE: LAND LAW – Title to Land – Proof of Title – Registered Title Under Registration of Titles Law
PRINCIPLE STATEMENT
A registered title under the Registration of Titles Law is proved by producing the chain of documents showing the original grant, subdivision registration, transfer to the current owner, and the intelligence sheet from the Land Registry.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at p. 19; Paras B–E.
"The plaintiff proved his entitlement to the declaration sought by the production of the following documents which were admitted in evidence: (1) A deed of conveyance dated 24th February, 1964 and registered as No.3 at page 3 in Volume 1222 of the register of deeds kept at Lagos State Land Registry between Oloto chieftaincy family which originally owned the land and Lawrence Gregorio Da Costa (Exhibit 'A'). (2) After laying the land into plots known as Da Costa Layout, Onike, Iwaya, Lawrence Gregorio Da Costa sold eight of the plots to Oyenuyi Arolabu Oyesanya by a deed of conveyance which was registered under the Registration of Titles Law as No. 10246 and the eight plots are numbered 17,78, 80, 85, 87, 89, 91 and 93 (Exhibit 'B') (3) A deed of transfer dated 15th March, 1978 by which Oyenuyi Arolabu Oyesanya transferred the eight plots of Land to Michael Alaba Onagoruwa - the plaintiff. The transaction was registered under Title No. 10246 (Exhibit 'C' 'C1') (4) Exhibit 'D' - Intelligence Sheet which contains a description of the land in the registration district, the registered owners of each plot and the title number pertaining to each plot."
EXPLANATION / SCOPE
A registered title under the Registration of Titles Law is proved by producing the chain of documents showing: (1) original grant from the family to the first registered owner; (2) subdivision into plots and registration under a title number; (3) transfer from the previous registered owner to the current plaintiff registered under the same title number; (4) the intelligence sheet from the Land Registry describing the land and registered owners. This documentary chain establishes an indefeasible title. The plaintiff need not adduce traditional evidence or acts of ownership. The register is conclusive. The principle simplifies proof of title for registered land. The court should accept the registered title as prima facie proof of ownership.