LEGAL PRINCIPLE: EVIDENCE LAW – Acts of Possession – Presumption of Ownership Under Section 45 of the Evidence Act
PRINCIPLE STATEMENT
Acts of possession and enjoyment of land may be evidence of ownership not only of the particular land but also of other land so situated or connected that what is true of one is likely to be true of the other.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, quoting Section 45 of the Evidence Act, in Anyabunsi v. Ugwunze (1995) NLC-1331989(SC) at pp. 19; Paras D--E.
"Acts of possession and enjoyment of land may be evidence of ownership or of a right of occupancy not only of the particular piece or quantity of land with reference to which such acts are done, but also of other land so situated or connected therewith by locality or similarity that what is true as to the one piece of land is likely to be true of the other piece of land."
EXPLANATION / SCOPE
Section 45 of the Evidence Act allows proof of possession of one piece of land as evidence of ownership of connected land. The principle applies to adjacent or similarly situated land. The court may infer ownership from possession. The rule is permissive, not mandatory. The opposing party may rebut the presumption. The principle is used in land disputes. The party relying on the provision must show the connection between the lands. The inference is one of fact, not law. The principle promotes judicial efficiency in land cases.
