LAND LAW — Registration of Title — First Registration — Burden of Proof on Applicant and Objector
Ratio Decidendi
Per Mohammed, JSC, in Jolasun v. Bamgboye (2010) NLC-123-8-2002(SC) at p. 9, para. D – p. 10, para. A:
"Under the law, the burden of proof lies both in the Applicant to prove his ownership of the land to the satisfaction of the registrar to be entitled to registration, while the Objector or person opposing the registration to prove to the satisfaction of the registrar that the land being the subject matter of the application for first registration, is a family land to justify the application being dismissed by the registrar."
Explanation / Scope
This principle establishes that in first registration of title, both the applicant and the objector bear burdens of proof: the applicant must prove ownership to the registrar’s satisfaction, and the objector must prove the land is family land to justify dismissal. The principle applies in first registration proceedings. It ensures that both parties prove their claims. The principle reflects the shared burden in registration disputes. It prevents registration without proof. The court must require proof from both sides. The principle provides guidance on the burden of proof in first registration.