LEGAL PRINCIPLE: LAND LAW — Possession — Long Enjoyment — Presumption That Long Enjoyment Indicates Legal Origin
PRINCIPLE STATEMENT
Where a person has been in possession nec clam, nec vi, nec precario (neither secretly, nor by force, nor by permission), the law presumes that long enjoyment indicates that his rights have a legal origin.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Abudu v. Eguakun (2003) NLC-771996(SC) at p. 5; Paras C–D.
"The appellant had been in possession, nec clam, nec vi, nec precario that is the appellant has been in possession neither secretly, nor by force, nor with permission. The law presumes that the long enjoyment of the appellant clearly indicated that his rights have a legal origin."
EXPLANATION / SCOPE
Long, open, peaceful possession raises a presumption of legal origin. The principle applies to land law. The presumption is rebuttable. The rule protects long-term possessors. The opposing party must show illegality. The principle is well-established.
