PRINCIPLE STATEMENT

The acid test is whether a surveyor, taking the record, could produce a plan showing accurately the land to which title has been given.

RATIO DECIDENDI (SOURCE)

Per Adio, JSC, adopting the test from Ate Kwadzo v. Robert Kasi Adjei (1944) 10 WACA 274, in Okedare v. Adebara & 2 Ors (1994) NLC-291991(SC) at pp. 5–6; Para. E.
"The acid test is whether a Surveyor, taking the record could produce a plan showing accurately the land to which title has been given."
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EXPLANATION / SCOPE

This establishes an objective test for land identification sufficiency. The test: could a surveyor, using only the court record (pleadings, evidence, judgment), produce an accurate plan showing the land? If yes: identification is sufficient, boundaries are certain, and declaration can be granted. If no: identification is insufficient, description is too vague, and claim should fail. This “surveyor test” requires: descriptions enabling physical location, boundary information sufficient for mapping, and details allowing plan production. Acceptable evidence includes: measurements, coordinates, reference to known features, natural/artificial boundaries, or comprehensive verbal descriptions. Unacceptable vague descriptions: “land at village X,” “portion of family land,” or “area near the river” without specifics. The test serves: objective certainty standard, ensuring enforceability (surveyors can peg boundaries), and preventing disputes about judgment scope. This practical test links legal description to physical reality—if surveyor cannot map it from the record, identification is inadequate. Courts should ensure records contain sufficient detail to pass this test before granting declarations.

CASES APPLYING THIS PRINCIPLE