EVIDENCE LAW ā Proof of Title to Land ā Five Recognised Ways
Principle Statement
There are five ways of proving ownership of land: (1) by traditional evidence; (2) by production of documents of title; (3) by acts of ownership extending over a sufficient length of time, numerous and positive enough to warrant the inference that the person is the true owner; (4) by acts of long possession and enjoyment of the land; (5) by proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute.
Ratio Decidendi (Source)
Per Fabiyi, JSC, in Orlu v. Gogo-Abite (2010) NLC-123-234-2002(SC) at p. 5; Paras EāA.
"There are five ways of proving ownership of land: (1) by traditional evidence; (2) by production of documents of title; (3) by acts of ownership extending over a sufficient length of time, numerous and positive enough to warrant the inference that the person is the true owner; (4) by acts of long possession and enjoyment of the land; (5) by proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute."
Explanation / Scope
This principle restates the five recognized ways of proving ownership of land: traditional evidence, documents of title, acts of ownership, long possession, and possession of connected or adjacent land. The principle applies where ownership is claimed. It ensures that all recognized methods are available. The principle reflects the established law on proof of title. It provides clarity on the methods. The court must consider the method relied upon. The principle provides guidance on proving title.
