LAND LAW — Jus Tertii — Customary Tenant Denying Grantor’s Title — Estoppel
Principle Statement
Where a party obtains possession of land from one person, he could not rely on title vested in another to defeat through a plea of jus tertii his grantor's title. Indeed the argument of the appellants that the land was acquired from the plaintiffs/respondents in 1925 only reinforces the ownership of the plaintiffs/respondents because if the land indeed belongs to the appellants as they contend why did the colonial government acquire the land from the plaintiffs/respondents and not the appellants and why did the appellants not challenge the grant of the land back to the plaintiffs/respondents on tenancy terms.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC) at pp. 23; Paras A-C.
"Where a party obtains possession of land from one person, he could not rely on title vested in another to defeat through a plea of jus tertii his grantor's title. Indeed the argument of the appellants that the land was acquired from the plaintiffs/respondents in 1925 only reinforces the ownership of the plaintiffs/respondents because if the land indeed belongs to the appellants as they contend why did the colonial government acquire the land from the plaintiffs/respondents and not the appellants and why did the appellants not challenge the grant of the land back to the plaintiffs/respondents on tenancy terms."
Explanation / Scope
This principle establishes that a customary tenant cannot rely on jus tertii (third party title) to deny their grantor’s title. A party in possession from a grantor cannot defeat the grantor’s title by claiming title in another person. The principle applies where a tenant seeks to deny their landlord’s title. It reflects the estoppel principle. The tenant is estopped from denying the grantor’s title. The principle ensures that tenants cannot undermine the relationship. It applies in customary tenancy relationships. The court must prevent tenants from using third party title to avoid obligations. The principle protects grantors from having their title denied by their own tenants.
