CUSTOMARY LAW — Land Tenure — Burden of Proof — Party Asserting Exclusive Ownership of Family Land Must Prove Partition
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC) at p. 16; Paras A–B:
"The burden is on the individual as the person so alleging exclusive ownership of the land to prove his specific or absolute title as the case may be."
Explanation / Scope
This principle establishes that a person asserting exclusive ownership of family land bears the burden of proving specific or absolute title. The principle applies where exclusive ownership is claimed. It ensures that the person claiming exclusive rights proves partition or grant. The principle reflects that family land is communally owned. It prevents individuals from claiming exclusive ownership without proof. The court must require proof of partition or grant. The principle provides guidance on the burden of proof in family land claims.