LAND LAW – ROOT OF TITLE – Whether a party who pleads and traces his root of title to a particular person or source must establish it; effect of failure thereof


“It is imperative for a Plaintiff claiming title against another to establish his root of time because that is the source or basis of his claim: OKOYE v. DUMEBI (2014) LPELR-24155 (CA) 20. Failure of the Plaintiff to effectively establish his root of title is very fatal to his claim: UDE v. CHIMBO (1998) 12 NWLR (pt. 577) 169; OMOTAYO v. CO-OPERATIVE SUPPLY ASSOCIATION (2010) 16 NWLR (pt. 1218) 1 (SC) 16. Therefore, when a Plaintiff fails to prove the root of the title to the land he claims, his case stands dismissed in toto: NNADOZIE & ORS. v. MBAGWU (2018) LPELR-2055 (SC) at 40; ANYADUBA & ANOR. v. NRTC LTD (1992) LPELR-505 (SC); MOGAJI v. CADBURY NIG. LTD. (1985) 2 NWLR (pt. 7) 393.” Per EJEMBI EKO, JSC in REG. TRUSTEES OF APOSTOLIC CHURCH OF CHRIST v. REG. TRUSTEES OF GRACE CHURCH OF CHRIST (2021-LCER-40497-SC) (Pp 42 – 43; Paras D – A)

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