LEGAL PRINCIPLE: LAND LAW — Proof of Title — Modes of Proving Ownership — Sufficiency of Establishing One Root of Title
PRINCIPLE STATEMENT
A party claiming declaration of title need not plead and prove more than one of the five methods of proving ownership; proof of one single root of title is sufficient, and pleading additional methods is merely ex abundanti cautela (out of abundant caution).
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Irolo & Ors v. Uka & Anor (2002) NLC-1301998(SC) at pp. 26–27; Paras D–A.
"What is of paramount importance is that a party claiming declaration of title to a statutory or customary right of occupancy to lands needs not plead and prove any more than one of the above methods to succeed. It must however be stressed that if, as it is sometimes the case, the claimant pleads and/or relies on more than one method to prove his title, he merely does so ex abundanti cautela as proof of one single root of title is sufficient to sustain a plaintiff's claim for declaration of title to land."
EXPLANATION / SCOPE
The five methods of proving title to land are alternative, not cumulative. A plaintiff may rely on any one method. Pleading multiple methods is ex abundanti cautela (out of abundant caution). Failure to prove one method does not defeat the claim if another method is proved. The principle prevents dismissal where the plaintiff has proved title by at least one recognised method. The court must examine each method pleaded. The rule applies to all land disputes. The plaintiff is not penalised for failing to prove additional methods. The principle promotes efficiency in land litigation. The burden remains on the plaintiff to prove at least one method.