LEGAL PRINCIPLE: LAND LAW — Competing Grants — Common Grantor — Priority of Grants — Qui Prior Est Tempore Potior Est Jure
PRINCIPLE STATEMENT
Where competing documents of title originate from a common grantor, the first in time takes priority under the maxim qui prior est tempore, potior est jure (he who is first has the strongest right).
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Auta v. Ibe (2003) NLC-1481999(SC) at p. 17; Paras D–E.
"Where, as in the present case, the two or more competing documents of title upon which parties to a land dispute rely for their claim of title to such land originated from a common grantor, the doctrine of priorities pursuant to the well recognised maxim, qui prior est tempore, potior est jure, meaning that he who is first has the strongest right, dictates that the first in time takes priority."
EXPLANATION / SCOPE
The earlier grant from a common grantor prevails over later grants. The principle applies to competing land titles. The court will uphold the first valid grant. The rule is based on the maxim qui prior est tempore potior est jure. The principle is well-established.