Legal Principles – Nigerian LawCompass

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 – 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 – 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...

Land Law Important

LAND LAW – Proof of Title – Rule in Kojo v. Bonsie – Conditions for Application

"For the rule in Kojo v. Bonsie to apply, there must exist side by side, two stories of tradition, one by each party, which are themselves credible or plausible but...

Land Law Important

LAND LAW – Proof of Title – Traditional History – Requirement to Plead and Prove Devolution of Title

"For a plaintiff to succeed in a claim for declaration of title to land where he relies on traditional history, there must be credible evidence describing and identifying the land...

Land Law Important

LAND LAW – Proof of Title – Production of Documents – Need to Prove Grantor’s Title

"Ownership of land may be proved by production of documents of title which must, of course be duly authenticated in the sense that their due execution must be proved, unless...

Land Law Important

LAND LAW – Proof of Title – Onus on Plaintiff – Strength of Own Case

"In a claim for declaration of title the onus is on the plaintiff to prove his case. He must rely on the strength of his own case and not on...

Land Law Important

LAND LAW – Proof of Title – Derivative Title – Need to Prove Root of Title of Grantor

"Where in a claim for declaration of title, the plaintiff relies on derivative title, he must not only plead and prove how he derived his title but also the title...

Land Law Important

LAND LAW – Proof of Title – Root of Title Based on Sharing of Communal Land – Requirement to Prove Prior Joint Ownership

"Plaintiffs ought to have pleaded clearly in what way the two families became exclusive owners of the land originally, that is to say, their root of title and led evidence...

Land Law Important

LAND LAW – Declaration of Title to Land – Burden on Plaintiff – Plaintiff Must Succeed on Strength of Own Case

"In all cases where a plaintiff is seeking for declaration of title to land, the burden lies on such a plaintiff to prove his case on his evidence. And will...