LEGAL PRINCIPLE: LAND LAW – Title and Possession – Law Ascribes Possession to Party with Better Title
PRINCIPLE STATEMENT
Where both parties claim to be in possession of land, the law ascribes lawful possession to the party with title or with a better title to the land.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olowolagba & Ors v. Bakare & Ors (1998) NLC-15695(SC) at pp. 9; Paras D--E.
"Where both parties, as in the present case, had claimed to be in possession of land, the law ascribes lawful possession to the party with title or with a better title to the land."
EXPLANATION / SCOPE
In disputes over possession, title determines who has lawful possession. The party with better title is deemed in possession. The principle resolves conflicting claims of possession. The court examines the evidence of title. The rule applies to land disputes. The party with superior title need not prove actual physical possession. The principle prevents a person with inferior title from claiming possession against the true owner. The court will ascribe possession to the party with better title.
