LEGAL PRINCIPLE: LAND LAW — Proof of Title — Purchase as Root of Title — Where Title of Vendor Denied, Origin Must Be Pleaded and Proved
PRINCIPLE STATEMENT
Where the vendor's title is denied, the origin of the vendor's title must be pleaded and proved; failure to do so is fatal to the plaintiff's claim.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Nwadiogbu & Ors v. Nnadozie & Ors (2001) NLC-301997(SC) at p. 8; Paras D–E.
"Where however title is denied, then the onus is on the plaintiff to plead and prove the origin of the title of his grantor/vendor. In the present case, the title of the plaintiff's vendor was denied. Thus, an issue had been raised as to the title of the Umugagwo family the plaintiff's vendor. In these circumstances the origin of the Umugagwo family's title has to be pleaded and proved by evidence. This, the plaintiff failed to do. In my judgment, this failure is fatal to the plaintiff's claim."
EXPLANATION / SCOPE
When a plaintiff claims title by purchase and the defendant denies the vendor’s title, the plaintiff must plead and prove the origin of the vendor’s title. The plaintiff cannot simply produce a conveyance; the vendor’s root of title must be established. The denial puts the vendor’s title in issue. The burden is on the plaintiff to show how the vendor acquired the land. Failure to do so is fatal to the claim. The principle applies the maxim nemo dat quod non habet. The plaintiff must trace title back to a valid original owner. The rule prevents the validation of defective titles through silence or non-denial. The court will not presume the vendor had good title.