LEGAL PRINCIPLE: EVIDENCE LAW — Possession — What Constitutes Exclusive Possession — Uncultivated Land
PRINCIPLE STATEMENT
To establish possession, it is not necessary to take active steps like enclosing or cultivating the land. The type of conduct indicating possession varies with the type of land. For vacant unenclosed uncultivated land, the slightest amount of possession is sufficient.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, quoting Lord Guest in Wuta-Ofei v. Mavel Danquah (1961) WLR 1238 (PC), in Thompson & Anor v. Arowolo (2003) NLC-1351998(SC) at p. 33; Paras A–C.
"Their Lordships do not consider that in order to establish possession it is necessary for a claimant to take some active step in relation to the land such as enclosing the land or cultivating it. The type of conduct which indicates possession must vary with the type of land. In the case of vacant unenclosed land which is not being cultivated there is little which can be done on the land to indicate possession. Moreover, the possession which the respondent seeks to maintain is against the appellant who never had any title to the land. In these circumstances, the slightest amount of possession would be sufficient."
EXPLANATION / SCOPE
Possession depends on the nature of the land. Vacant land requires minimal acts. The principle applies to land disputes. The rule recognises practical realities. The slightest possession may suffice. The principle is well-established.