LAND LAW — Declaration of Title — Grant of Declaration Where Third Party Interest Shown
Principle Statement
In a claim for declaration of title, where there is evidence before the trial court that the ownership of the land in dispute is in another person who is not a party to the proceedings, the court would refuse to grant a declaration of title. But in this case we have a situation where the evidence accepted by the court indicates that the land in dispute was granted to the 1st to 12th appellants as customary tenants. It is therefore not open to the appellants to argue that the ownership of the land granted to them by the plaintiffs/respondents was in another party not before the court, since the trial court had found that they were customary tenants to the plaintiffs/respondents. That would amount to granting them the license to deny their grantors' title.
Ratio Decidendi (Source)
Per Oguntade, JSC (adopting Coker, JSC in Dada v. Ogunremi), in Jinadu & Ors v. Esurombi-Aro & Ors (2009) NLC-123-54-2005(SC) at pp. 22-23; Paras E-A.
"In a claim for declaration of title, where there is evidence before the trial court that the ownership of the land in dispute is in another person who is not a party to the proceedings, the court would refuse to grant a declaration of title. But in this case we have a situation where the evidence accepted by the court indicates that the land in dispute was granted to the 1st to 12th appellants as customary tenants. It is therefore not open to the appellants to argue that the ownership of the land granted to them by the plaintiffs/respondents was in another party not before the court, since the trial court had found that they were customary tenants to the plaintiffs/respondents. That would amount to granting them the license to deny their grantors' title."
Explanation / Scope
This principle establishes that where third party ownership is shown, the court will refuse a declaration of title. However, where the defendant is a customary tenant, they cannot argue that the title belongs to a third party to defeat the grantor’s title. The principle applies in land title claims where third party interests are raised. It prevents tenants from denying their grantor’s title by invoking third parties. The principle reflects the estoppel rule for tenants. The court must consider the relationship between the parties. The principle ensures that tenants cannot undermine the grantor’s title. It prevents abuse of the jus tertii defence.
