LEGAL PRINCIPLE: LAND LAW – Proof of Title – Failure of Traditional History – Inability to Rely on Acts of Ownership
PRINCIPLE STATEMENT
Where a plaintiff by his pleading and evidence relies on traditional history for his root of title to land, he fails or succeeds on that history. If the history fails, the plaintiff cannot abandon his pleading and rely on acts of ownership over a long period of time, numerous and positive, which is only available to support title based on immemoriality — i.e. time beyond human memory — which is one of the ways of proving title but is separately and distinctly alleged, nor can he be permitted to rely on any recent acts of possession and ownership to back his claim for title.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eze v. Atasie (2000) NLC-1401995(SC) at p. 6; Paras C–E.
"Where a plaintiff by his pleading and evidence relies on traditional history for his root of title to land, he fails or succeeds on that history. If the history fails, the plaintiff cannot abandon his pleading and rely on acts of ownership over a long period of time, numerous and positive, which is only available to support title based on immemoriality — i.e. time beyond human memory — which is one of the ways of proving title but is separately and distinctly alleged, nor can he be permitted to rely on any recent acts of possession and ownership to back his claim for title."
EXPLANATION / SCOPE
A plaintiff who pleads traditional history as root of title stands or falls on that history. If the traditional history fails, the plaintiff cannot switch to acts of ownership or possession as an alternative basis. Acts of ownership supporting immemorial title must be separately pleaded. Recent acts of possession cannot salvage a failed traditional history. The plaintiff is bound by the pleaded root of title. Changing the basis of claim mid-case without amendment is impermissible. This prevents plaintiffs from introducing new unpleaded grounds after failing to prove their pleaded case. The court decides only the pleaded case.