EVIDENCE LAW — Land Law — Methods of Proving Title — Five Recognised Ways
Principle Statement
The five different ways or methods of establishing ownership or proving ownership of a land in dispute are: (a) Proof by traditional evidence. (b) Proof by production of documents of title duly authenticated… (c) Proof by acts of ownership… (d) Proof by acts of long possession… (e) Proof by possession of connected or adjacent land… The respondents led concrete and convincing evidence by tendering the judgment of the Governor's Court… This evidence comes under the (e) method of establishing ownership of a land in dispute - proof by possession of connected or adjacent lands.
Ratio Decidendi (Source)
Per Adekeye, JSC, in Obineche & Ors v. Akusobi & Ors (2010) NLC-123-287-2003(SC) at p. 14; Paras B-D.
"The five different ways or methods of establishing ownership or proving ownership of a land in dispute are: (a) Proof by traditional evidence. (b) Proof by production of documents of title duly authenticated… (c) Proof by acts of ownership… (d) Proof by acts of long possession… (e) Proof by possession of connected or adjacent land… The respondents led concrete and convincing evidence by tendering the judgment of the Governor's Court… This evidence comes under the (e) method of establishing ownership of a land in dispute - proof by possession of connected or adjacent lands."
Explanation / Scope
This principle restates the five methods of proving ownership of land, including proof by possession of connected or adjacent land. A judgment relating to connected or adjacent land can constitute proof under this method. The principle applies where ownership is claimed. It ensures that all recognized methods are available. The principle reflects the established law on proof of title. It provides clarity on the methods. The court must consider the method relied upon. The principle provides guidance on proving title.
