CORAM

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PAUL ADAMU GALINJE, JUSTICE, COURT OF APPEAL

PIUS OLAYIWOLA ADEREMI, JUSTICE, COURT OF APPEAL

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PARTIES

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LAMIDI RABIU APPELLANTS

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TOLA ADEBAJO RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

SUMMARY OF FACTThe Plaintiff instituted an action in the high Court claiming a declaration of right of occupancy over a parcel of land situate at No. 5 Adebajo Street, Soluyi Village, Gbagada, Lagos, an injunction restraining the Defendant from further acts of trespass on the land, special and general damages for trespass. The Plaintiff claimed he bought the land in dispute from one Sunday Ogunyade, and a deed of conveyance dated 14/12/77 registered as No 11 at page 11 in volume 1673 of the Lands Registry in the office at Lagos State was executed in his favour. He also claimed he bought contiguous plot to the said land, took possession and has been exercising diverse acts of ownership on the land. The Defendant counter claimed that he is entitled to the statutory or customary right of occupancy of the said land, general damages for trespass and an injunction. The trial Court in a reserved judgment dismissed the Plaintiff’s claim and allowed the counter claim. Dissatisfied with the judgment, the Plaintiff as Appellant has appealed to the Court of Appeal.

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HELD

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Appeal Dismissed

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ISSUES

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Whether the trial court failed to advert to the proper considerations in refusing the post-trial amendment to the reply.Whether the respondent had established a better title than the in dispute.Whether all things considered the appellant was affected by the judgment in Suit No. ID/133/81.Whether the appellant having failed to prove the title he pleaded can now turn round to plead Limitation Law by relying on acts of ownership or acts of possession which act are in the nature of things derivable from and rooted in the radical title pleaded.

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RATIONES DECIDENDI

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OWNERSHIP OF LAND- THE ONUS IS ON THE DEFENDANT WHO ALSO CLAIMS TITLE TO ESTABLISH POSSESSION

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“The law is now very much certain that there a plaintiff traces his title to one whose title to ownership of land has been established, at that point, the onus is upon the defendant who also claims title to the same land to show that his own possession is of such a nature as to oust that of the original owner where he disputes the ownership of that one whom the plaintiff puts up as the radical owner.” PER ADEREMI JCA

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TITLE TO LAND – PROOF OF TITLE TO LAND

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“One of the ways recognized by law for proving title to land is by production of such an instrument alone is not sufficient to discharge the onus on the plaintiff to prove the title he claims. A duty is further imposed on him to trace his root of title to one whose ownership of the land has been established. This he can only do by adducing credible evidence connecting the principal parties of such an instrument to the established owners.” PER ADEREMI JCA

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COMPETING INTEREST IN LAND– HOW ARE COMPETING INTEREST OF PARTIES RESOLVED

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‘‘The law in respect of this situation where competing interests of the parties must have to be resolved is that, the interests will, prima facie, rank in order of their creation based on the MAXIM: QUI PRIOR EST TEMPORE POTIOR EST JURE-which when translated means – HE WHO IS EARLIER IN TIME IS STRONGER IN LAW.” PER ADEREMI JCA

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OWNERSHIP OF LAND- DUTY OF A PARTY TO ESTABLISH ROOT OF TITLE IN A CLAIM FOR OWNERSHIP OF LAND

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“Any party laying claim to ownership of a piece or parcel of land, must, in order to succeed; by credible evidence, establish the root of his title see Dike & Ors Vs. Okoloedo & Ors (1999)10 NWLR (pt 623)3559”. PER ADEREMI JCA

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CASES CITED

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Chief Adeyemi Lawson & An Vs. Chief Ayodele Ajibulu & Ors (1997)6 NWLR (pt 507)14Isiba Vs. Hanson (1967) 1 ALL N.L.R. 8Lion Buildings Ltd Vs. Shadipe (1976) 12 S.C. 135Romaine Vs. Romaine (1992)4 NWLR (pat 238)650Thomas Vs. Holder 12 WACA18

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STATUTES REFERRED TO

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None

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