Land Law and Property Law Practice
Compendium of Land Law Cases and Principles Pt. 1
Last Updated: April 19, 2023Whether a party who pleads and traces his root of title to a particular person or source must establish it ABDULLAHI v. NUHU (2013) LPELR-22625(CA) “The fourth requirement, who between the grantor of the document of title of the Respondent and the grantor of the document of title of the Appellant had in fact what it purported to grant, was
Jurisdiction of the Federal High Court in Land Matters
Last Updated: April 19, 2023The Federal High Court is not empowered with the jurisdiction to entertain land matters – Omotesho v Abdullahi Nig. Plc (2008), F.H.A v Olayemi (2017) LPELR 43376 CA, Adetayo v Ademola (2010) LPELR 155 1 at 23, Dosumu v NNPC (2013) LPELR 20655 1, Pan-Ocean vs Mene-Okotie (2015) LPELR 25128 at Page 1, Nigeridock (Nig) Ltd v Aderibole (2019) See
Actions for declaration of title to land
Last Updated: April 27, 2023Duty of a claimant/plaintiff in an action for declaration of title to land AFATAKPA v. FEJOKWU & ANOR (2021) LPELR-56697(CA) “In addition, the parameter for determination in a relief of a declaration of title to land there is a duty on the claimant to prove certain facts without which the action would fail. In ABIDAN SAMUEL v YAHAYA WAZIRI &
Landlord and Tenant
Last Updated: May 16, 2023The Law Frowns At A Landlord’s Forcible Entry Into Tenant’s Apartment for Purposes of Recovering Possession Even where a tenant is in arrears of rent (that is has not paid up his rent), the law frowns at a Landlord forcibly entering into the demised premises for purposes of forcefully evicting the tenant without a court Order. Where the landlord brushes
Landlord and Tenant 2: Mense Profit
Last Updated: May 28, 2023Meaning and Nature of Mense Profit JOINT PROJECT DEVT COMPANY & ORS v. AKINLADE (2014) LPELR-22559(CA) “Mense profit is the rent and profit that a trespasser has or might have received or made during his occupation of the premises, and which he must pay over to the true owner as compensation for the tort he has committed – see Bolori
Legal Effect of A Certificate of Occupancy in Nigeria
Last Updated: June 14, 2023Whether Certificate of Occupancy is Conclusive Evidence of Title? OTUKPO v. JOHN & ANOR (2012) LPELR-25053(SC) “…a certificate of occupancy, as has been held by this Court in a number of cases, is a prima facie evidence of title or possession which is, however not a conclusive proof of title to the land it relates – See Registered Trustees Mission
Proof of Title to Land by Traditional Evidence
Last Updated: October 1, 2023To establish traditional history of land relied on as root of title, a plaintiff must plead the name of the founder and others after him upon whom the land devolved to the last successors and lead evidence in support without leaving gaps or creating mysterious or embarrassing linkages which have not been and cannot be explained. In other words, the
Compendium of Land Cases and Decisions 3
Last Updated: June 14, 2023Whether the provisions of a limitation law applies to actions in respect of title to land or any interest in land held by customary tenure SALAJA v. SALAJA & ORS (2013) LPELR-21967(CA) I have no difficulty in holding that this counterclaim is not statute barred because Section 1(2) of the Limitation Law of Ondo State 1978 provides inter alia as
Proof of Title to Land by Acts of Possession
Last Updated: October 1, 2023EKWEOZOR & ORS v. THE REGISTERED TRUSTEES OF SAVIOURS APOSTOLIC CHURCH OF NIGERIA (2014) LPELR-23572(CA) “Evidence of acts of ownership numerous and positive and extending over a long period of time is also one of the accepted ways of proving ownership. Based on the foregoing the onus shifted to the appellants to lead evidence in rebuttal because the burden of