LAND LAW — Title to Land — Proof by Document of Title — Requirements for Valid Grant
Principle Statement
Production of document of title is indeed one of the five ways of establishing title to land. The document so tendered in evidence must, of course, be duly authenticated in the sense that its due execution must be proved unless they are produced from proper custody in circumstances giving rise to the presumption in favour of due execution in the case of documents twenty years old or more at the date of the contract. … The guiding principles on proof of title by document of title are well adumbrated by this court in Romaine v. Romaine (1992) 4 NWLR (pt.238) 650 at 662 to the effect that production and reliance as an instrument of grant of title inevitably carries with it the need for the court to inquire into some or all of a number of questions including: (1) whether the document is genuine and valid; (2) whether it has been duly executed, stamped and registered; (3) whether the grantor had the authority and capacity to make the grant; (4) whether in fact the grantor had in fact what he purported to grant; and (5) whether it has the effect claimed by the holder of the instrument. In other words, mere production of even a valid document of title of grant does not necessarily carry with it automatic relief for grant of declaration relating to such grant without taking into consideration the factors adumbrated above.
Ratio Decidendi (Source)
Per Aderemi, JSC, in Akinduro v. Alaya (2007) NLC-123-296-2002(SC) at p. 10; Paras A–E.
"Production of document of title is indeed one of the five ways of establishing title to land. The document so tendered in evidence must, of course, be duly authenticated in the sense that its due execution must be proved unless they are produced from proper custody in circumstances giving rise to the presumption in favour of due execution in the case of documents twenty years old or more at the date of the contract. … The guiding principles on proof of title by document of title are well adumbrated by this court in Romaine v. Romaine (1992) 4 NWLR (pt.238) 650 at 662 to the effect that production and reliance as an instrument of grant of title inevitably carries with it the need for the court to inquire into some or all of a number of questions including: (1) whether the document is genuine and valid; (2) whether it has been duly executed, stamped and registered; (3) whether the grantor had the authority and capacity to make the grant; (4) whether in fact the grantor had in fact what he purported to grant; and (5) whether it has the effect claimed by the holder of the instrument. In other words, mere production of even a valid document of title of grant does not necessarily carry with it automatic relief for grant of declaration relating to such grant without taking into consideration the factors adumbrated above."
Explanation / Scope
This principle establishes the requirements for proving title by document. Mere production of a document is insufficient; the court must inquire into its authenticity, execution, stamping, registration, the grantor’s authority and capacity, whether the grantor had what he purported to grant, and whether the document has the effect claimed. Documents twenty years old or more from proper custody enjoy a presumption of due execution. The principle ensures that documents of title are properly scrutinized. The court must not automatically grant declaration based on document production. It applies in land disputes where documents of title are tendered. The party relying on the document must prove its validity.
