Legal Principles – Nigerian LawCompass

Land Law Important

LAND LAW – Land Use Act – Grant of Right of Occupancy – Land Already Subject of Deemed Grant Cannot Be Regranted – Nemo Dat Quod Non Habet

"The land in dispute having been deemed granted to the appellant by the operation of law by the Konduga Local Government as from the 29th March, 1978 could not thereafter...

Land Law Important

LAND LAW – Deemed Grant – Customary Right of Occupancy – Under Section 36(2) of Land Use Act, 1978

"Any occupier or holder of such land (i.e. land not in an urban area) whether under customary rights or otherwise howsoever, shall if that land was on the commencement of...

Land Law Important

LAND LAW – Title to Land – Methods of Proof – Five Methods

"It is long settled that there are five methods by which ownership of land may be proved by a claimant. These are as follows: (i) By traditional evidence; (ii) By...

Land Law Important

LAND LAW – Certificates of Occupancy – Effect – Prima Facie Evidence Only

"The existence of a certificate of occupancy is merely a prima facie evidence of title to the land it covers and no more. Nor does mere registration validate spurious or...

Land Law Important

LAND LAW – Proof of Title – Standard of Proof in Declaration of Title Actions

"Required of a plaintiff in an action for declaration of title is at least to establish his claim by preponderance of evidence. It is often enough that he has produced...

Land Law Important

LAND LAW – Identity of Land – Plaintiff’s Duty to Prove Land in Dispute Corresponds to Grant

"It was the duty of the plaintiff to have shown that the land in dispute (Exhibit F) was the same land allotted or granted to him in Exhibit A. This...

Land Law Important

LAND LAW – Identity of Land – Effect of Failure to Prove Identity

"The issue of identity of the land in dispute being crucial, it is plain that since the plaintiff had been unable to identify the land he was claiming, he cannot...

Land Law Important

LAND LAW – Trespass – Possession Ascribed to Party with Better Title

"The law is well settled that when the issue is as to which of two claimants has a better right to the possession or occupation of a piece or parcel...

Land Law Important

LAND LAW – Land Use Act – Requirement for Valid Grant of Certificate of Occupancy

"For a certificate of occupancy under the Land Use Act, 1978 to be valid, there must not be in existence at the time the certificate was issued, a statutory or...

Land Law Important

LAND LAW – Land Use Act – Certificate of Occupancy Invalid Where Another Had Better Title

"Where a certificate of occupancy has been granted to one of two claimants who has not proved a better title, it must be deemed to be defective and to have...

Land Law Important

LAND LAW – Certificate of Occupancy – Not Conclusive Evidence of Title

"A certificate of statutory or customary right of occupancy issued under the Land Use Act, 1978 cannot be said to be conclusive evidence of any right, interest or valid title...

Land Law Important

LAND LAW – Proof of Title – Onus on Plaintiff to Prove Root of Title Pleaded

"The law is well settled that once a party pleads and traces his root of title in an action involving title to land to a particular person or source, and...