LAND LAW ā Inheritance of Land ā Pleadings Required to Prove Inheritance ā Must Aver Facts of Founding, Original Acts of Possession, and Devolution of Title
Principle Statement
The law is sacrosanct that where title to land is said to have been derived by grant or inheritance, the pleadings must aver facts relating to the founding of the land in dispute, the persons who founded the land and exercised original acts of possession and persons on whom title in respect of the land has devolved since the first founding.
Ratio Decidendi (Source)
Per Aderemi, JSC, in Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC) at pp. 8; Paras DāE.
"The law is sacrosanct that where title to land is said to have been derived by grant or inheritance, the pleadings must aver facts relating to the founding of the land in dispute, the persons who founded the land and exercised original acts of possession and persons on whom title in respect of the land has devolved since the first founding."
Explanation / Scope
This principle establishes the pleading requirements for claims of title by inheritance. The plaintiff must plead facts about the founding of the land, the original founders, their acts of possession, and the devolution of title. The principle applies where title is claimed by inheritance or grant. It ensures that the plaintiff provides a complete chain of title. The defendant must have adequate notice of the claim. Failure to plead these facts is fatal. The principle reflects the need for certainty in land claims. It prevents vague or general assertions. The court must require compliance with this pleading rule.
