LEGAL PRINCIPLE: LAND LAW – Proof of Title – Production of Documents – Need to Prove Grantor’s Title
PRINCIPLE STATEMENT
Ownership of land may be proved by production of documents of title which must, of course be duly authenticated in the sense that their due execution must be proved, unless they are produced from proper custody in circumstances giving rise to the presumption in favour of due execution in the case of documents twenty years old or more at the date of the contract... However, that passage cannot be interpreted as dispensing with the need to prove the title of the person conveying the property where such title has not been admitted. When the root of a claimed derivative title is challenged, mere production of documents of title of the plaintiff may not suffice.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ngene v. Igbo & Anor (2000) NLC-1531992(SC) at p. 16; Paras B–D.
"Ownership of land may be proved by production of documents of title which must, of course be duly authenticated in the sense that their due execution must be proved, unless they are produced from proper custody in circumstances giving rise to the presumption in favour of due execution in the case of documents twenty years old or more at the date of the contract... However, that passage cannot be interpreted as dispensing with the need to prove the title of the person conveying the property where such title has not been admitted. When the root of a claimed derivative title is challenged, mere production of documents of title of the plaintiff may not suffice."
EXPLANATION / SCOPE
Documentary evidence may prove title, but when derivative title is challenged, the grantor’s title must also be proved. Mere production of documents does not suffice where the root of title is disputed. Documents may be duly executed, but the grantor must have had title to convey. The presumption of due execution for old documents (20+ years) applies to execution, not to the grantor’s ownership. The plaintiff cannot rely solely on documents—evidence of the grantor’s title is required. This ensures that documentary proof does not substitute for substantive proof of ownership in the chain.