Declaration of title

Sierra Leone — Court of Appeal · 2012

Principle established: A plaintiff in an action for declaration of title must succeed on the strength of their own title and not on the weakness of the defendant's title.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered whether a trial judge erred by preferring a statutory declaration over a deed of conveyance and whether the judgment was against the weight of evidence in a land dispute.

Sierra Leone — Court of Appeal · 2013

Principle established: An applicant claiming fee simple ownership of land may seek an interim injunction to restrain a respondent from entering or disposing of the property pending the determination of an appeal.

Sierra Leone — Supreme Court · 1981

Principle established: In a claim for a declaration of title, the plaintiff must succeed on the strength of their own title rather than the weakness of the defendant's, and registration of an instrument does not confer title.

Sierra Leone — African Law Reports · 1964-66

Principle established: A declaratory judgment on land ownership may be granted for a portion of claimed land and should incorporate a survey plan, which is admissible even if not specifically pleaded.

Sierra Leone — Court of Appeal · 2015

Principle established: A claim for recovery of land may be defeated by the doctrine of adverse possession if the claimant's action is found to be statute-barred under limitation laws.

Sierra Leone — Supreme Court · 1966

Principle established: Recovery of possession of land may be granted under a claim for further and better relief in a title action, and a prior trespass judgment where ownership was not in controversy does not estop.

Sierra Leone — African Law Reports · 1964-66

Principle established: A judgment in a trespass action where ownership was not in controversy cannot sustain a plea of res judicata against a subsequent action for declaration of title to the land.

Sierra Leone — Court of Appeal · 2018

Principle established: A defendant may apply for a stay of execution of a summary judgment in a land dispute pending the hearing and determination of an appeal.

Sierra Leone — Court of Appeal · 2012

Principle established: A claim for declaration of title and damages for trespass requires the plaintiff to prove ownership and entitlement to possession of the specific parcel of land.

Uganda · 2024

Principle established: A registered proprietor may recover land where the title was transferred through fraud, even if the land was subsequently sold to a third party.

Sierra Leone — Court of Appeal · 2012

Principle established: A plaintiff seeking a declaration of title and an injunction against trespass must establish their ownership through valid conveyance and survey plans.

Sierra Leone — Supreme Court · 1970

Principle established: Parties to a customary marriage who jointly purchase real property through substantial contributions for their joint lives hold the property jointly and are equally entitled to its proceeds upon sale.

Sierra Leone — African Law Reports · 1970-71

Principle established: Where parties to a customary marriage purchase property in joint names through substantial joint contributions for their joint provision, the property is held jointly and each spouse shares in sale proceeds.

Sierra Leone — Court of Appeal · 2026

Principle established: A party does not lose their beneficial interest in an intestate estate merely by testifying in a local court proceeding regarding that estate.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered an application to strike out a defense and enter judgment in a matter involving a declaration of title and damages for trespass to land.

Uganda · 2015

Principle established: Legal representatives of an estate may maintain or defend actions regarding the title to land previously held by a deceased proprietor, especially where mental capacity is at issue.

Ghana · 2024

Principle established: The Supreme Court may be asked to depart from its previous decisions regarding the same subject matter in land litigation to ensure justice and legal consistency.

Sierra Leone — Court of Appeal · 2017

Principle established: The interpretation of a will is central to determining whether a deceased person divested themselves of property or if the property remains part of the estate for the beneficiaries.

Ghana · 2026

Principle established: Where competing parties hold only equitable interests in land and their equities are otherwise equal, the interest created first in time takes priority.

Sierra Leone — Court of Appeal · 2016

Principle established: A trial judge errs by granting ownership and possession of land to a person who was not a party to the proceedings and was never formally added as such.

Zimbabwe · 2022

Principle established: In cases of double allocation of land by a local authority, the court must determine the rightful allottee based on the validity and priority of the competing allocation processes.

Sierra Leone — African Law Reports · 1972-73

Principle established: A party seeking a declaration of title in fee simple must establish at least forty years' good root of title; clear operative provisions of a deed prevail over inconsistent recitals.

Sierra Leone — Court of Appeal · 1973

Principle established: A party claiming a declaration of title in fee simple must establish at least forty years' good root of title, and an overhanging cornice constitutes nuisance rather than trespass.

Zimbabwe · 2022

Principle established: In interpleader proceedings, the claimant must provide sufficient evidence to prove ownership of the attached property to prevent its sale in execution of a judgment against a third party.

Sierra Leone — Court of Appeal · 2013

Principle established: In an action for declaration of title, a party's failure to produce a title deed in their own name may be fatal to their claim despite producing ancestral deeds.