PROPERTY LAW — Abandoned Property — Meaning and Intention to Abandon Required
Principle Statement
Abandonment includes both the intention to abandon and the external act carrying that intention into effect. Intention is the first and paramount object of inquiry; there can be no abandonment without the intention to abandon. Time is not essential, though lapse of time may evidence intention.
Ratio Decidendi (Source)
Per Uwaifo, JSC, in Ndoma-Egba v. Chukwuogor (2004) NLC-1061998(SC) at p. 20; Paras A–B.
"'Abandonment' includes both the intention to abandon and the external act by which the intention is carried into effect. In determining whether one has abandoned his property or rights, the intention is the first and paramount objection of inquiry, for there can be no abandonment without the intention to abandon… Time is not an essential element of 'abandonment', although the lapse of time may be evidence of an intention to abandon, and where it is accompanied by acts manifesting such an intention, it may be considered in determining whether there has been an abandonment."
Explanation / Scope
Abandonment requires both intention and external act manifesting that intention. Intention is paramount; without it, no abandonment occurs. The principle applies to property law. The rule prevents finding abandonment from mere non-use or passage of time without intent. Lapse of time may evidence intention but is not conclusive. The party claiming abandonment must prove both elements.
