EVIDENCE LAW — Presumptions — Section 146 Evidence Act Requires Proof of De Jure Exclusive Possession
Ratio Decidendi
Per Edozie, JSC, in Ezukwu v. Chukwu & Anor (2004) NLC-1602000(SC) at pp. 20–22; Paras E–C, quoting Nnaemeka-Agu, JSC in Udeze v. Chidebe (1990) 1 NWLR (Pt. 125) 141 at 160–162:
"Within the meaning of this concept of possession, a man ordinarily living in Maiduguri may be in possession of a vacant house in Lagos if he is in possession of the keys. But in my opinion, that possession the admission of which is capable of raising a presumption of ownership of land under section 145 of the Evidence Act must be that which amounts to de jure exclusive possession, not mere occupation."
Explanation / Scope
Presumption of ownership from possession requires de jure exclusive possession, not mere occupation or key-holding. The principle applies to evidence law and land law. The rule distinguishes between factual custody and legal possession. Exclusive possession means the right to exclude others. The presumption arises from possession that is legally recognized as exclusive. Ordinary occupation without legal exclusivity does not trigger the presumption.