LEGAL PRINCIPLE: LAND LAW – Declaration of Title – Burden to Prove Root of Title Pleaded
PRINCIPLE STATEMENT
Once a party pleads and traces his root of title to a particular person or family, he must establish how that person also came to have title. He cannot ignore proof of his overlord's title and rely on long possession.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ndukwe v. Acha (1998) NLC-2221991(SC) at pp. 12–13; Paras A–B.
"Once a party pleads and traces the root of his title to a particular person or family, he must establish how that person also came to have title vested in him. He cannot ignore the proof of his overlord's title and rely on long possession."
EXPLANATION / SCOPE
Derivative title requires proof of the grantor’s title. The plaintiff must trace title back to a valid original owner. The principle applies the maxim nemo dat quod non habet. Long possession cannot substitute for proof of the grantor’s title. The rule applies to all claims based on purchase or grant. The court will examine the chain of title. The plaintiff cannot rely on the weakness of the defence. The principle protects against invalid transfers. The burden is on the plaintiff to prove the entire chain.