Legal Principles – Nigerian LawCompass

Evidence Law Important

EVIDENCE LAW — Acts of Possession — Evidence of Ownership of Adjacent Land

"By virtue of Section 46 of the Evidence Act, acts of possession and enjoyment of land may be evidence of ownership not only of the particular piece or quantity of...

Evidence Law Important

EVIDENCE LAW – Acts of possession – Relevance under section 46 of the Evidence Act

"Acts of possession and enjoyment of land may be evidence of ownership or of a right of occupancy not only of the particular piece or quantity of land with reference...

Family Law Important

FAMILY LAW – Rights of an Allottee – Allottee Owns Superimposed Structures Erected by Personal Effort

"Although the land does not belong to him the allottee, in my respectful view, has ownership of whatever he superimposes on the land by his own personal efforts."

Evidence Law Important

EVIDENCE LAW – Acts of Possession – Presumption of Ownership Under Section 45 of the Evidence Act

"Acts of possession and enjoyment of land may be evidence of ownership or of a right of occupancy not only of the particular piece or quantity of land with reference...

Land Law Important

LAND LAW — Proof of Title — Traditional History — Failure to Resolve Traditional History Not Fatal Where Acts of Ownership Established

"Though the trial Judge was wrong not to have made a finding on the conflicting traditional history pleaded by the parties, his error has, however, not occasioned a miscarriage of...

Land Law Important

LAND LAW — Proof of Title — Modes of Proving Ownership — Sufficiency of Establishing One Root of Title

"What is of paramount importance is that a party claiming declaration of title to a statutory or customary right of occupancy to lands needs not plead and prove any more...

Land Law Important

LAND LAW — Family Property — Devolution on Intestacy — Property of Deceased Becomes Family Property on Intestacy

"The property on the death of the deceased Alhaji Mamman Tela therefore devolved on and became the communal or family property of all the members of the family of the...

Customary Law Important

CUSTOMARY LAW — Customary Courts — Burden of Proof — Reference to Defendant’s Failure to Prove Ownership

"The strictures of the lower court as regard the offending statement of the trial Customary Court that the 'defendants failed to prove ownership of the land in dispute' relate to...

Land Law Important

LAND LAW — Proof of Title — Purchase as Root of Title — Duty to Plead and Prove Vendor’s Title Where Denied

"Once, in a land dispute, a party pleads and traces the root of his title to a particular person or family, that party, to succeed, must establish how that person...

Land Law Important

LAND LAW – Trespass – Proof of Trespass – Need for Evidence of Encroachment

"I accept the argument of appellant's counsel that once the appellant is shown to be the owner of those plots of land, contrary to the erroneous view of the lower...

Civil Procedure Important

CIVIL PROCEDURE – Locus Standi – Bills of Lading – Right to Sue Based on Ownership Allegations

"These 2 paragraphs have clearly shown the relationship between the appellants and the respondent in relation to the consignments involved i.e. pallets of paper which at all material times belonged...

Evidence Law Important

EVIDENCE LAW – Proof of Title to Land – Acts of Ownership – Inference of Ownership

"Where a party relies on evidence of traditional history, and, in the alternative, on acts of ownership to prove the title he claims the court is entitled to proceed on...