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QUIC QUID RULE

LAND LAW (PROPERTY LAW) | Page 17 of 20
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extinguished the title, the improver. If an improver succeeds in his plea of proprietary estoppel, he becomes the owner of both the land and the improvements on the land; the title of the original owner extinguishes. In other words, the effect of a successful plea of proprietory estoppel is to extinguish the landowner‟s interest in the land. In Odutola v. Akande (1960) SCNLR 282, the plaintiff applied to register his interest in land under what is now the Lagos State Registration of Titles Law and the defendant objected to the application. The defendant proved that through his deceased father he had enjoyed some 50 years possession prior to the application and during this period he had built a house on the land. This long possession coupled with the building on the land was held adequate to defeat the plaintiff‟s claim. In Odutola v. Ibadan City Council (1978) 1 Law Rep of Nig 182, the land in dispute was granted by the plaintiff‟s predecessor/descent to the 1st defendant‟s predecessor-in-office in 1990. The grant was for a public purpose – a market. The grantee converted the land to a commercial purpose, leasing it to third parties in return for rent which it failed to remit to the plaintiff. The 2nd defendant was granted a lease some 18 years before this action was commenced for declaration of title and recovery of possession. The 2nd defendant had built a house worth ₦400,000 on the land to the knowledge of the plaintiff before the suit was commenced. The Supreme Court affirmed the court of trial‟s decision which is to the effect that as soon as the 1st defendant started using the land for a purpose other than the initial grant, it became an adverse possessor and along with the 2nd defendant, it could raise the defence of laches and acquiescence to defeat the