LAND LAW — Title to Land — Better Title — Person with Better Title Deemed in Possession
Principle Statement
It is now firmly established that where two persons claim to be in possession of land in dispute, the law ascribes possession to the one with a better title.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Omotayo v. Co-operative Supply Association (2010) NLC-123-155-2002(SC) at p. 11; Paras B–C.
"It is now firmly established that where two persons claim to be in possession of land in dispute, the law ascribes possession to the one with a better title."
Explanation / Scope
This principle establishes that where two parties claim possession, the law ascribes possession to the one with the better title. The principle applies where competing claims to possession arise. It ensures that title prevails over mere physical occupation. The principle reflects that legal title determines possessory rights. It prevents parties with weaker title from claiming possession. The court must determine who has better title. The principle provides guidance on resolving competing claims to possession. It ensures that the person with superior title is protected.
Cases Applying This Principle
None recorded.