LEGAL PRINCIPLE: LAND LAW — Grant of Right of Occupancy — Common Grantor — Competing Interests — Qui Prior Est Tempore Potior Est Jure
PRINCIPLE STATEMENT
Where competing interests claim title from a common grantor, the interests rank in order of their creation based on the maxim qui prior est tempore potior est jure (he who is earlier in time is stronger in law).
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ilona v. Idakwo & Anor (2003) NLC-971999(SC) at p. 28; Paras A–C.
"The law is well settled that where, as in the present case, there are competing interests by two or more parties claiming title to the same piece or parcel of land from a common grantor, the position, both at law and in equity, is that such competing interests will prima facie rank in order of their creation based on the maxim qui prior est tempore potior est jure which simply means that he who is earlier in time is stronger in law."
EXPLANATION / SCOPE
The first grant from a common grantor prevails. The principle applies to competing land titles. The earlier grant takes priority. The rule is based on the maxim qui prior est tempore potior est jure. The court will uphold the first valid grant. The principle is well-established.