LEGAL PRINCIPLE: LAND LAW – Proof of Title – Identity of Land – No Need to Prove Identity When Not Disputed
PRINCIPLE STATEMENT
Declaration of title to such land to prove the said identity as that fact is not an issue for determination between the parties in the suit.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Kyari v. Alkali & Ors (2001) NLC-2241993(SC) at pp. 12–13; Paras A–B.
"Declaration of title to such land to prove the said identity as that fact is not an issue for determination between the parties in the suit."
EXPLANATION / SCOPE
Where the identity of land is not disputed between parties, the plaintiff need not prove it. Issues not in controversy require no evidence. The court focuses on issues genuinely joined. If the defendant admits or does not challenge the description or boundaries of the land, the plaintiff is relieved of proving identity. This avoids wasting time on undisputed facts. However, if identity is disputed, the plaintiff must prove it with certainty. The principle applies only where the lack of dispute is clear from pleadings or conduct. The court cannot assume admission. The party relying on non-dispute must show that identity was not put in issue.