LEGAL PRINCIPLE: EVIDENCE LAW – Acts of possession – Relevance under section 46 of the Evidence Act
PRINCIPLE STATEMENT
Acts of possession and enjoyment of land may be evidence of ownership not only of the 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 Iguh, JSC, in Ezeakabekwe v. Emenike (1998) NLC-851991(SC) at p. 19; Para C.
"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 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 of the other piece of land."
EXPLANATION / SCOPE
Section 46 of the Evidence Act allows evidence of possession of one land to prove ownership of connected land. The principle applies to land disputes. The party must show the connection. The inference is permissive, not mandatory. The rule promotes judicial efficiency. The opposing party may rebut the inference.