The Concept of Possession in Yoruba Customary Law and English Common Law: A Foundational Analysis

This paper undertakes a comparative analysis of the legal concept of possession within Yoruba customary law and English common law. Employing a doctrinal methodology, it examines the divergent conceptual foundations of possession in both systems. The study reveals that while English law meticulously distinguishes possession as a factual state from ownership as a proprietary right, creating doctrines such as adverse possession and relativity of title, Yoruba legal thought fuses possession with ownership, treating effective occupation as the primary evidence of entitlement within a communal framework. The paper further explores the impact of Nigeria's Land Use Act 1978 on customary landholding and analyzes how Nigerian courts navigate the tension between these two legal traditions. It concludes by reflecting on the implications of this conceptual divergence within Nigeria's hybrid legal system. Keywords: Possession, Yoruba Customary Law, English Common Law, Comparative Law, Relativity of Title, Adverse Possession, Land Use Act, Nigerian Legal System