LEGAL PRINCIPLE: LAND LAW — Title to Land — Where Both Parties Trace Title to Common Owner — Proof of Grantor’s Title Not Required

"Since both parties traced their title to the same person, I do not think the plaintiff is required to prove the title of Kingsley Ijeoma as that had inferentially been admitted by the defendant. As both parties have traced their title to a common owner, in order to determine the party in whose favour title should be granted, it is apposite to refer to the dictum of Bello, JSC (as he then was) in the case of Madam I. Arase v. Peter U. Arase (1981) 5 SC 33 at 35, where His Lordship observed: 'It ought to be borne in mind always that at common law, where questions of title to land arise in litigation, the court is concerned only with the relative strengths of the titles proved by the rival claimants. If party "A" can prove a better title than party "B", he party ("A") is entitled to succeed……'"