HOW TO ESTABLISH VALID SALE OF LAND UNDER NATIVE LAW AND CUSTOM

CASE TITLE: YUSUF v. OGUNLANA (2021) LPELR-54522(CA)

JUDGMENT DATE: 2 JUNE, 2020

PRACTICE AREA: LAND LAW.

LEAD JUDGMENT: FOLASADE AYODEJI OJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Declaration of Title to Land.

FACTS

The Appellant as Claimant at the trial Court commenced the action vide a writ of summons against the Respondent and sought a declaration that the disputed land belongs to her by virtue of inheritance from her late father, a declaration that certain acts of the Respondent constitute trespass on the Appellant’s land, an order of injunction restraining the Respondent from further acts of trespass on Appellant’s land and for damages.

The Appellant contended that the land in dispute belonged to her father having purchased same from the Odubona family and that she inherited it under the Yoruba Native law and custom upon the demise of her father. She took possession of the land and exercised ownership rights on it without any hindrance from any quarters whatsoever until sometimes when she discovered someone had trespassed, raised a fence on the land and constructed two uncompleted shops on it. She caused her lawyer to write to the Respondent to stop further acts of trespass but he refused and which refusal caused her to institute the action at the trial Court.

The case of the Respondent was that he purchased the land from Mr. Jimoh Odubona and family and he has since been in possession. He gave evidence of acts of possession exercised by him and also claimed ownership of connected and adjacent land to the disputed land.

In a considered judgment, the learned trial Judge dismissed the case of the Appellant.

ISSUES FOR DETERMINATION

The appeal was determined upon consideration of the following issues:

1. Whether a claimant who relies on a purchase receipt as root of title of a land in dispute is under a duty to give evidence of how his/her predecessor in title came into ownership and possession of the land, especially when both parties traced their root of title to the same source i.e., Badaru Odubona family.

2. Whether the judgment is not against the weight of evidence adduced at the trial.

DECISION/HELD

On the whole, the appeal was held to be meritorious and was accordingly allowed. The judgment of the trial Court was consequently set aside. The declaratory reliefs and order of injunction sought by the Appellant before the trial Court were granted. The Court also awarded damages for trespass against the Respondent.

RATIOS

• CUSTOMARY LAW – CUSTOMARY SALE OF LAND: Requirements for a valid sale of land under Native law and custom
• EVIDENCE – PROOF OF TITLE TO LAND: Whether mere production of a document of title automatically translates to proof of title; conditions a document relied on to prove title must satisfy
• LAND LAW – TRESPASS TO LAND: Meaning and nature of trespass to land