Principle

LAND LAW — Customary Land Ownership — Communal Ownership — Presumption of Communal Ownership

Area of law
LAND LAW
Court
Supreme Court

Communal ownership is presumed once established. The burden shifts to the individual to prove exclusive ownership. The principle applies to customary land tenure. The presumption is rebuttable. The rule protects communal land rights. The individual must adduce strong evidence. The principle is well-established.

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