LEGAL PRINCIPLE: EVIDENCE LAW — Proof of Title to Land — Five Ways of Proving Title — Requirement to Establish Foundation and Devolution
PRINCIPLE STATEMENT
A plaintiff must set out clearly who founded the land, how it was founded, and the names of persons who exercised acts of ownership before it devolved upon him; failure is fatal.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Olokotintin v. Sarumi & Ors (2002) NLC-441998(SC) at pp. 4–5; Paras D–A.
"The plaintiff had the burden of setting out clearly by who and how the land was founded and the names of persons who had exercised acts of ownership on the land before it devolved upon him (see for example Kalio v. Woluchem (1985) 1 NWLR (Pt. 4) 610; Alade v. Awo (1975) 4 SC 215). In the instant case, the plaintiff had failed to satisfy any of these requirements with fatal consequences."
EXPLANATION / SCOPE
When relying on traditional history, the plaintiff must plead and prove: (1) who founded the land; (2) how the land was founded; (3) the chain of devolution to the plaintiff; (4) acts of ownership before devolution. These are essential elements. Failure to satisfy any requirement is fatal. The principle ensures that traditional evidence is not speculative. The court cannot fill gaps in the plaintiff’s case. The plaintiff must present a coherent and complete history. The rule applies to all claims based on traditional title. The plaintiff cannot rely on vague assertions. The court will dismiss the claim for lack of proof.