CIVIL PROCEDURE — Pleadings — Grant versus Settlement — Distinction Between Grant and Settlement as Root of Title
Ratio Decidendi
Per Onu, JSC, in Kode v. Yussuf (2001) 4 NWLR (Pt. 703) 392 at pp. 409; Paras D–E, cited in Yusuf v. Adegoke & Anor (2007) NLC-123-15-2002(SC):
"It ought to be borne in mind that this court had long before now clearly decided that there is a difference between a grant and a settlement. For while a grant comes from a previous title holder to a subsequent one called grantee, settlement does not recognise a previous title holder."
Explanation / Scope
The distinction is critical in land litigation because each root requires different modes of proof. A grant requires evidence of the grantor’s title and the conveyance to the grantee. A settlement requires evidence of first occupation, clearing of land, and establishment of a community without derivation from any prior owner. A party claiming by settlement need not trace title through any previous owner, whereas a grantee must establish the grantor’s capacity to convey.
Cases Applying This Principle
None recorded.