LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof – Plaintiff’s Burden to Reconcile Discrepancies in Land Description
PRINCIPLE STATEMENT
It is for example, the, duty of the appellant to produce a plan that would leave the issue as to whether the land in dispute can be described as 'situate at Isiohor on the right of the road when going from Isiohor to Egbaen' in no doubt. So also it is the task of the appellant to produce evidence to explain how a land described as 400 feet by 400 feet became 137.47 metres by 175.03 metres by 77.57 metres by 183.64 metres.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ibhafidon v. Igbinosun (2001) NLC-2371990(SC) at p. 6; Paras C–E.
"It is for example, the, duty of the appellant to produce a plan that would leave the issue as to whether the land in dispute can be described as 'situate at Isiohor on the right of the road when going from Isiohor to Egbaen' in no doubt. So also it is the task of the appellant to produce evidence to explain how a land described as 400 feet by 400 feet became 137.47 metres by 175.03 metres by 77.57 metres by 183.64 metres."
EXPLANATION / SCOPE
The plaintiff must produce a clear survey plan and reconcile any discrepancies in land description. If the dimensions or boundaries are inconsistent—e.g., a square plot (400ft x 400ft) becomes an irregular polygon with different metric measurements—the plaintiff must explain the discrepancy. Failure to do so undermines the claim. The court cannot guess which description is correct. The burden is on the plaintiff to present a coherent, consistent description of the land. Vague or contradictory descriptions raise reasonable doubt about identity. The plaintiff cannot succeed without resolving these inconsistencies. A clear survey plan is essential for a declaration of title.