LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Identity of Land – Certainty of Description
PRINCIPLE STATEMENT
Where the parties by the evidence adduced both oral and documentary are ad idem on the identity of the land in dispute, the fact that different names are ascribed to it or that the area where it is located is called different names is not fatal to the case of the party claiming. As the land is described by name accepted by both parties as attaching thereto a declaration of right of occupancy can be granted.
RATIO DECIDENDI (SOURCE)
"Where the parties by the evidence adduced both oral and documentary are ad idem on the identity of the land in dispute, the fact that different names are ascribed to it or that the area where it is located is called different names is not fatal to the case of the party claiming. As the land is described by name accepted by both parties as attaching thereto a declaration of right of occupancy can be granted."
EXPLANATION / SCOPE
If the parties agree (ad idem) on the identity of the land—through oral and documentary evidence—different names or location names are not fatal. A declaration can be granted if the land is described by a name both parties accept. The requirement is certainty of identity, not uniformity of naming. The court must be satisfied that both parties know which land is in dispute. The principle prevents technical dismissal where identity is clear despite naming variations. The court looks at the substance—whether the land can be identified on the ground. Survey plans, boundaries, and features may establish identity despite name differences. The opposing party cannot claim confusion if they clearly understood which land was in dispute. The burden is on the plaintiff to prove identity, but agreement simplifies the task.
