Ratio Decidendi

Per Onnoghen, JSC, in Onwubuariri & Ors v. Igboasoyi & Ors (2011) NLC-123-212-2003(SC) at pp. 15—16; Paras D—A:

"It has also been settled that title to land can be established/proved by five different ways and that a claimant need not rely on more than one way/method in proving his title to succeed in the effort… In the instant case, both courts agreed that the two methods were proved… The lower court is clearly in error in holding as above because having held that the traditional history as to acquisition and ownership of the land by the appellants was 'sufficiently good' that was the end of the matter as possession of the land goes with ownership thereof particularly where the party in possession has been shown to have been put thereon by the claimant, as in the instant case. In the circumstances of this case a consideration of acts of possession and ownership becomes superfluous since such acts are performed in recognition of the rights of ownership."

Explanation / Scope

This principle establishes that title to land can be proved by any one of the five methods; a claimant need not rely on more than one. Once traditional history is sufficiently established, possession follows ownership, and consideration of acts of possession becomes superfluous. The principle applies in land title claims. It ensures that one method suffices. The principle reflects the sufficiency of one method. It prevents unnecessary proof. The court must recognize that one method is sufficient. The principle provides guidance on proof of title.

Cases Applying This Principle