LEGAL PRINCIPLE: LAND LAW – Declaration of Title to Land – Proof of Boundaries – Plaintiff’s Burden to Identify and Prove Existing Boundaries
PRINCIPLE STATEMENT
In an action which seeks the determination of boundaries between the parties to the dispute it is for the plaintiff to identify and prove the existing boundaries and where none is identified and proved, the court has no power to demarcate one.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Iordye v. Tor Ihyambe (2000) NLC-1121993(SC) at p. 4; Paras C–D.
"In an action which seeks the determination of boundaries between the parties to the dispute it is for the plaintiff to identify and prove the existing boundaries and where none is identified and proved, the court has no power to demarcate one."
EXPLANATION / SCOPE
In boundary disputes, the plaintiff bears the burden of identifying and proving the existing boundaries. The court’s role is to declare what the boundaries are based on evidence, not to create or demarcate new boundaries where none are proved. If the plaintiff fails to adduce sufficient evidence to establish the boundaries, the court cannot invent them. This principle reflects that judicial power is declaratory, not creative, in boundary matters. The plaintiff must present survey plans, landmarks, or other admissible evidence sufficient for the court to ascertain and pronounce upon the true boundaries.