Owning land in Nigeria can be both rewarding and risky. While ancestral and traditional claims shape property ownership, disputes often arise when histories conflict, leaving landowners and investors vulnerable. The recent BAWA v. KADIRI (2022) LPELR-58214(CA) decision provides a crucial lesson: your rights are strongest when backed by evidence of possession, not just history.
The Case That Changed the Game
In BAWA v. KADIRI, two parties clashed over land ownership based on traditional history; oral accounts tracing ownership through generations. Both presented compelling narratives, but the Court found the evidence conflicting and inconclusive.
Faced with this deadlock, the lower Court applied the rule in Kojo II v. Bonsie (1957) 1 WLR 1223, which allows courts to rely on recent acts of possession or ownership when history alone can’t resolve the dispute. The Court of Appeal confirmed this approach, making it clear: if you want to protect your land, evidence of actual use and control can outweigh conflicting ancestral claims.
What This Means for Landowners and Investors
- Traditional Claims Alone May Not Win
Oral history matters, but courts now prioritize practical evidence—like who has maintained, used, or improved the land. - Recent Possession is Key
Occupancy, development, or maintenance in recent memory can tip the legal balance in your favor. - Documentation Protects Your Investment
Receipts, surveys, correspondence, and proof of payment are not just paperwork, they are your strongest defense against disputes.
Practical Steps to Secure Your Land
- Document every transaction: Keep records of payments, surveys, and correspondence.
- Maintain active use: Regularly occupy or develop the land to show control.
- Consult a lawyer early: Expert guidance ensures your possession is recognized and legally defensible.
Conclusion
BAWA v. KADIRI sends a clear message: in Nigeria, possession in recent memory can secure your land when history is disputed. For investors and landowners, the takeaway is simple: know your rights, prove your ownership, and protect your investment.
At Edidiong Akpanuwa & Co, we help clients navigate complex land disputes, document ownership, and safeguard property rights. Don’t leave your land vulnerable—book a consultation today and secure your ownership for the future.