LAND LAW — Declaration of Title — Contiguity of Land — Probative Value
Principle Statement
It has been held that, in a claim for the ownership of land, the fact that the land in dispute is contiguous with other lands belonging to the plaintiff is enough to raise a probability (though not presumptuous that the land in dispute also belongs to the plaintiffs.
Ratio Decidendi (Source)
Per Oguntade, JSC (adopting Ibekwe, JSC in Kaiyaoja v. Egunla), in Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC) at pp. 27; Paras B-C.
"It has been held that, in a claim for the ownership of land, the fact that the land in dispute is contiguous with other lands belonging to the plaintiff is enough to raise a probability (though not presumptuous that the land in dispute also belongs to the plaintiffs."
Explanation / Scope
This principle establishes that contiguity of land can raise a probability (but not a presumption) that the disputed land belongs to the plaintiff. The principle applies where the land in dispute is adjacent to land already proven to belong to the plaintiff. It provides supporting evidence but is not conclusive. The court must consider contiguity alongside other evidence. The principle reflects that land ownership often follows natural boundaries. It is not a presumption; the plaintiff must still prove title. The principle provides a useful inference but does not replace substantive proof. The court must weigh contiguity with all other evidence.
Cases Applying This Principle
None recorded.
