LEGAL PRINCIPLE: LAND LAW — Declaration of Title — Root of Title — Duty to Prove How Family Acquired Title
PRINCIPLE STATEMENT
When a radical title is not agreed by the parties as common to them, a party seeking a declaration of title who has pleaded and traced its roots to a particular person or family must establish how that person or family came to have title. It is inadequate without proving the radical title simply to prove a grant.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at p. 13; Paras A–C.
"When a radical title is not agreed by the parties as common to them, a party seeking a declaration of title, who has pleaded and traced its roots to a particular person or family MUST ESTABLISH HOW THAT PERSON OR FAMILY CAME TO HAVE TITLE IN HIM OR IT. It would be inadequate without proving the radical title for a party seeking declaration as to title under circumstances where a common root title is not agreed by the parties simply to prove grant."
EXPLANATION / SCOPE
Derivative title requires proof of the grantor’s title. The principle applies to land disputes. The plaintiff must trace title to a valid original owner. The rule applies nemo dat quod non habet. Failure to prove radical title is fatal. The principle is fundamental.
