LEGAL PRINCIPLE: LAND LAW – Proof of Title – Root of Title Based on Sharing of Communal Land – Requirement to Prove Prior Joint Ownership
PRINCIPLE STATEMENT
Plaintiffs ought to have pleaded clearly in what way the two families became exclusive owners of the land originally, that is to say, their root of title and led evidence in support. Without the plaintiffs establishing how the two families acquired the land said to have been shared, they can never rely on the alleged sharing to obtain a declaration of title.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JCA (as he then was), as approved by Ejiwunmi, JSC, in Echi & Ors v. Nnamani & Ors (2000) NLC-1271994(SC) at p. 6; Paras A–B.
"Plaintiffs ought to have pleaded clearly in what way the two families became exclusive owners of the land originally, that is to say, their root of title and led evidence in support. Without the plaintiffs establishing how the two families acquired the land said to have been shared, they can never rely on the alleged sharing to obtain a declaration of title."
EXPLANATION / SCOPE
Where a plaintiff claims title based on sharing of communal land, they must first prove how the families became exclusive owners of the original land. The root of title must be established before reliance on the alleged sharing. Without proving acquisition of the original land, the sharing alone cannot support a declaration of title. The plaintiff must trace ownership from original acquisition through to the sharing arrangement. This prevents claims based on incomplete chains of title. Establishing the root of title is foundational; sharing presumes prior ownership and cannot substitute for proving it.