LEGAL PRINCIPLE: LAND LAW – Declaration of Title to Land – Effect of Failure to Prove Exact Extent of Land – Dismissal of Action
PRINCIPLE STATEMENT
Where the plaintiff claims for a declaration of title and fails to prove the exact extent of the land he is claiming, his action should be dismissed and not non-suited.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Iordye v. Tor Ihyambe (2000) NLC-1121993(SC) at p. 4; Paras D–E.
"Where the plaintiff claims for a declaration of title and fails to prove the exact extent of the land he is claiming, his action should be dismissed and not non-suited."
EXPLANATION / SCOPE
A plaintiff seeking declaration of title must prove the exact extent of the land claimed. Failure to do so results in dismissal of the action, not non-suit. Non-suit is appropriate where the plaintiff proves some right but not against the particular defendant, or where there is a technical defect. In land title claims, the inability to identify and prove the precise land claimed goes to the very substance of the case. Dismissal is proper because the plaintiff has failed to establish an essential element of the claim—the identity of the land—entitling the defendant to a judgment on the merits.