Who Does the Law Ascribe Possession to Where Two Parties Claim to Be in Possession of a Land?

CASE TITLE: ALADE GLOBAL LINK (NIG) LTD v. INCORPORATED TRUSTEES OF THE DEEPER CHRISTIAN LIFE MINISTRY & ORS (2025) LPELR-80225(CA)
JUDGMENT DATE: 5TH FEBRUARY, 2025
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on land law.

FACTS:
This is an appeal against the judgment of the High Court of Ogun State, sitting at Abeokuta Judicial Division delivered by Honorable Justice Olarewaju Mabekoje on the 5th day of April, 2019, in Suit No: AB/15/2013 wherein the judgment was in favour of the Respondents.

The Appellant (Claimant at the trial Court) instituted this suit at the trial Court over the ownership of the parcel of land measuring approximately 9113.170 square metres (2.251 Acres) situate, lying and being at Orimerunmu via Pakuro along Lagos/Ibadan Expressway, Obafemi Owode Local Government Area, Ogun State. The herein Appellant claimed that he purchased the parcel of land from the representatives of the Thomas Abaoba Family of Orimerunmu Village.

It was on that ground the Appellant commenced the action at the trial Court. The Statement of Claim was subsequently amended with the leave of the Court, the Appellant claims against the Respondents a Declaration that the Certificate of Occupancy No. 0032681 registered as No. 52, Page 52, Volume 9 75 in the register of deeds kept at the Land Registry Office of Ogun State issued to the Claimant by the Ogun State Government of Nigeria is valid, extant, subsisting, existing and validly issued pursuant to the Land Use Act; trespass; general and special damages.

The Respondents (Defendants at the trial Court) filed a Joint Statement of Defence in which the 1st Defendant counter-claimed against the Claimant and Ogun State Bureau of Lands and Survey as Defendants to the Counter-Claim. The said Counter-Claim of the 1st Defendant claimed against the defendants for a declaration that the Certificate of Occupancy issued to the Claimant by the Bureau of Lands and Survey of Ogun State and registered as No. 52 at Page 52 in Volume 759 of the Lands Registry in the office at Abeokuta being the land in dispute and which forms part of the land in the possession of the Claimant as shown on its Survey Plan No. OG/1114/2008/012A-D and the Composite Plan No. OG/1114/2008/012A-D dated 23/3/2008 is null and void and be set aside or cancelled.

At the end of trial, the trial Court dismissed the claims of the Appellant, and entered judgment in favour of the Counter-Claimant. Dissatisfied, the Appellant approached the Court Appeal.

ISSUES FOR DETERMINATION:
In determination of the appeal, the Court adopted the Appellant’s issues 1, 2 and 3 as well as the Respondent’s issue 1 as follows:

a. Whether the High Court of Ogun State had the requisite jurisdiction to entertain the Respondent’s Counter Claim in the circumstances of this case.
b. Whether the Ogun State Government could validly issue Certificate of Occupancy in respect of land validly acquired via a published gazette of which the Court ought to take judicial notice.
c. Whether a party can acquire title by possession of a piece of land subject to a statutory right of occupancy.
d. Whether this Honourable Court has the Jurisdiction to determine this appeal when the Notice of Appeal which is the foundation or originator of the appeal is not settled by a natural person or signed by such a person or by a enrolled legal practitioner which renders the notice of appeal and all processes emanating from it null and void for none compliance with the Legal Practitioners Act Laws of the Federation of Nigeria 2004, SS. 2 and 24.

DECISION/HELD:
In conclusion, the Court dismissed the appeal.

RATIOS:
• APPEAL- NOTICE(S) OF APPEAL: Importance and nature of a competent notice of appeal
• EVIDENCE- JUDICIAL NOTICE: Whether a Court has the power to take judicial notice of all the laws, enactments, and any subsidiary legislations made there under in any part of Nigeria
• EVIDENCE- BURDEN OF PROOF/ONUS OF PROOF: On whom lies the burden of disproving ownership of a person in possession of land
• LAND LAW- GOVERNORS CONSENT: Whether the consent of the Governor must first be obtained before alienation of a right of occupancy; effect of failure to fulfill the condition
• LAND LAW- ADVERSE POSSESSION: Whether adverse possession confers title on the possessor against the rightful holder of title
• LAND LAW- POSSESSION OF LAND: Who does the law ascribe possession to where two parties claim to be in possession of a land
• LAND LAW- TRESPASS TO LAND: Whether a trespasser can by acts of trespass secure possession in law
• LIMITATION LAW- LIMITATION PERIOD: What is the limitation period for instituting an action for recovery of land in Ogun State of Nigeria
• LIMITATION LAW- LIMITATION PERIOD: Whether proceedings can be instituted after the limitation period; exception to the law of limitation of action
• LIMITATION LAW- LIMITATION PERIOD: How the Court determines whether an action is statute barred
• PRACTICE AND PROCEDURE- ISSUE OF JURISDICTION: When can the issue of jurisdiction be raised and who can raise same

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