LEGAL PRINCIPLE: LAND LAW — Proof of Title — Purchase as Root of Title — Duty to Plead and Prove Vendor’s Title Where Denied
PRINCIPLE STATEMENT
Once a party traces his root of title to a particular person or family and the vendor's title is denied, he must establish how that person or family derived their title, under the maxim nemo dat quod non habet.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Nwadiogbu & Ors v. Nnadozie & Ors (2001) NLC-301997(SC) at pp. 12–13; Paras D–A.
"Once, in a land dispute, a party pleads and traces the root of his title to a particular person or family, that party, to succeed, must establish how that person or family derived his or its title to such land. In other words, that party must not only plead and establish his title to the land, he must also plead and prove the title of the person from whom he derived his alleged ownership of the land in dispute pursuant to the maxim, nemo dat quod non habet, meaning that no one can give that which he does not have. It is only if the person from whom he derived his title has a valid title to such land that he may lawfully pass on such title to anyone else."
EXPLANATION / SCOPE
A party claiming title by purchase must prove not only their own title but also the title of their vendor where the vendor’s title is denied. The maxim nemo dat quod non habet applies. The plaintiff must establish how the vendor derived title. Failure to prove the vendor’s title is fatal to the claim. The chain of title must be complete from the original owner to the plaintiff. The principle prevents a plaintiff from acquiring better title than the vendor possessed. The burden includes proving the origin of the vendor’s title. The rule applies even if the plaintiff has a registered conveyance. The court will not assume the vendor had good title.
