LEGAL PRINCIPLE: LAND LAW – Proof of Title – Traditional History – Requirement to Plead and Prove Devolution of Title
PRINCIPLE STATEMENT
For a plaintiff to succeed in a claim for declaration of title to land where he relies on traditional history, there must be credible evidence describing and identifying the land with certainty as well as credible evidence establishing the origin and devolution of the title down to the plaintiff. Where the evidence is unsatisfactory as to the description and identity of the land or as to the origin and devolution of title, the claim must fail.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Eze v. Atasie (2000) NLC-1401995(SC) at p. 9; Paras A–B.
"For a plaintiff to succeed in a claim for declaration of title to land where he relies on traditional history, there must be credible evidence describing and identifying the land with certainty as well as credible evidence establishing the origin and devolution of the title down to the plaintiff. Where the evidence is unsatisfactory as to the description and identity of the land or as to the origin and devolution of title, the claim must fail."
EXPLANATION / SCOPE
Traditional history requires two essential elements: (1) credible evidence identifying the land with certainty, and (2) credible evidence of origin and devolution of title from founder to plaintiff. Unsatisfactory evidence on either element causes the claim to fail. The devolution chain must be continuous without gaps. The plaintiff must trace how the land passed from original founder through successive generations. Mere assertion of ownership without devolution proof is insufficient. This ensures that traditional evidence is not speculative or invented. The court must be able to verify the logical and historical progression of title.