LAND LAW — Declaration of Title — Ways of Proving Ownership — Five Recognised Methods
Principle Statement
It is now settled law that there are 5 ways in which ownership of land may be proved... They are: 1. Proof by traditional evidence... and 2. Proof of acts of ownership. This is normally provided by acts of person or persons claiming the land such as selling, leasing, renting out all or part of the land or farming on it or on a portion of it or otherwise utilizing the land beneficially; all evidence of ownership provided they extended over a sufficient length of time and are numerous and positive enough to warrant the inference that he is the true owner.
Ratio Decidendi (Source)
Per Oguntade, JSC (adopting Obaseki, Ag. JSC in Piaro v. Tenalo), in Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC) at pp. 26; Paras A-C.
"It is now settled law that there are 5 ways in which ownership of land may be proved... They are: 1. Proof by traditional evidence... and 2. Proof of acts of ownership. This is normally provided by acts of person or persons claiming the land such as selling, leasing, renting out all or part of the land or farming on it or on a portion of it or otherwise utilizing the land beneficially; all evidence of ownership provided they extended over a sufficient length of time and are numerous and positive enough to warrant the inference that he is the true owner."
Explanation / Scope
This principle reiterates the five methods of proving ownership of land, with specific focus on acts of ownership. Acts such as selling, leasing, renting, farming, or otherwise utilizing the land beneficially over a sufficient length of time can establish ownership. These acts must be numerous and positive enough to warrant the inference of true ownership. The principle applies in all land title claims. It ensures that ownership is proved by concrete actions, not mere assertions. The principle reflects the importance of possession and user as evidence of title. The court must assess the quality and quantity of acts. The principle provides practical guidance for proving ownership.
