LEGAL PRINCIPLE: EVIDENCE LAW — Acts of Possession — Evidence of Ownership of Adjacent Land
PRINCIPLE STATEMENT
By Section 46 of the Evidence Act, acts of possession and enjoyment of land may be evidence of ownership not only of that particular land but also of other land so situated or connected that what is true of one is likely to be true of the other.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at pp. 16–17; Paras D–A.
"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 land with reference to which such acts are done, but also of other land so situated or connected therewith by locality or similarity that what is true as to the one piece of land is likely to be true to other piece of land. What is true of No. 32 and 34 Azikiwe Street (which is admitted by the defendant), is also true of No. 36 Azikiwe Street since the plaintiff acquired them under one deed of conveyance."
EXPLANATION / SCOPE
Acts of possession of one land may prove ownership of adjacent land. The principle applies to land disputes. The connection must be shown. The rule is statutory under Section 46. The inference is permissive, not mandatory. The principle is well-established.
