LEGAL PRINCIPLE: LAND LAW – Proof of Title – Registered Conveyance as Prima Facie Evidence of Title
PRINCIPLE STATEMENT
A duly registered conveyance constitutes prima facie evidence of title and, in the absence of credible contradictory evidence, is sufficient to support an award of title in favor of the grantee.
RATIO DECIDENDI (SOURCE)
"A duly registered conveyance constitutes prima facie evidence of title and, in the absence of credible contradictory evidence, is sufficient to support an award of title in favour of the grantee. On the authority of Idundun v. Okumagba (1976) 1 NMLR 200; (1976) 9/10 S.C. 227, Exhibit 8 is sufficient evidence to support the award of title in plaintiff's favour."
EXPLANATION / SCOPE
Registration creates a rebuttable presumption of title validity. “Prima facie evidence” means the registered conveyance, standing alone, suffices for title proof absent contrary evidence. This shifts the burden: once a registered conveyance is produced, the opponent must adduce credible contradictory evidence challenging the title; otherwise, title is established. “Credible contradictory evidence” might include: proof the grantor lacked title (nemo dat), fraud, forgery, prior superior interest, or non-compliance with formalities. Mere assertions without evidence don’t rebut the presumption. This principle reflects registration system policy: promoting reliance on public records, facilitating land transactions, and providing certainty. The presumption incentivizes registration and protects bona fide grantees relying on registered titles.