LAND LAW — Title to Land — Five Ways to Prove Title Are Not Cumulative
Principle Statement
A plaintiff need not prove all five ways to succeed in an action for title to land. He can succeed by proving even one way. The five ways enumerated in Okumagba are concurrent, not cumulative.
Ratio Decidendi (Source)
Per Tobi, JSC, in Nwabuoku & Ors v. Onwordi & Ors (2006) NLC-123-344-2001(SC) at p. 7; Paras C–E.
"There are five ways in which title or ownership of land could be proved. They are (1) By traditional evidence. (2) By production of documents of title… (3) By acts of ownership… (4) By acts of possession and enjoyment. (5) Proof of possession of connected or adjacent land… A plaintiff need not prove all the five ways to succeed in an action of title to land. He can succeed if he proves even one of the ways. In other words, the five ways enumerated in Okumagba are not cumulative but concurrent."
Explanation / Scope
The five methods of proving title are alternative, not cumulative. The principle applies to land law.
