18/08/2026
Whether long possession can defeat the title of the true owner of the land
MADU v. YAKCHI
(2023) LPELR-60793(CA)
"The law as I know it is that possession no matter how long cannot defeat the title of the true owner. In the case of Abubakar V. Ibrahim & Ors (2022) LPELR-58303 (CA), it was held by this Court: "The law is settled that long possession cannot defeat the claim of the original owner. Long possession merely raises a rebuttable presumption of ownership but where as in the instant case another person establishes a better title with credible evidence, as the Respondents have done, the acts of possession no matter how long cannot ripen to ownership or defeat the title of the true owner. A right to title is not founded on prescription irrespective of the period of possession. In MOGAJI V. CADBURY NIG. LTD. (1985)2 NWLR (Pt. 7) 393, the Court held. "A claim for declaration of title is not founded on ownership by presumption ... unless the origin is valid, the length of possession does not ripen invalid title of a trespasser to a valid ownership title." Per WAMBAI, JCA (Pp. 33-34, paras. C-A). See also the cases of Mahe V. Labaran (2021) LPELR-55938 (CA) Pp. 14- 15 Para A, Olasore & Anor V. Ajibolade & Anor (2011) LPELR-8953 (CA) Pp. 37-38 Paras F-A." Per JAMES GAMBO ABUNDAGA, JCA (Pp 33 - 34 Paras D - C)
✍️ *C.K. ANYANWU, LL.M.*
(Lawyer of Promise)
