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Who is Owner where Two Parties trace Title to same Source?

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"Where the plaintiff and the defendant trace their title to an established owner, the 1st to purchase the land is regarded as the owner of the land.

He who is first in time has a better claim in Law and Equity.

See: Adelaja v Faroiki (1990) 2 NWLR (Pt 131) P.137."

 

Per RHODES-VIVOUR, J.S.C. in FRANCIS ADESINA AYANWALE v. OLUMUYIWA OLUMIDE ODUSAMI: (2011) LPELR-SC.90/2004

 

Where two contending parties in a land in dispute derive title from a common vendor the first in time takes priority. This is summed up in the latin maxim "quo prior est tempore, potior est jure" meaning the first in time has the strongest title." Per ADEKEYE, J.S.C.


   
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