LEGAL PRINCIPLE: LAND LAW – Identity of Land – Proof of Identity – Registered Land with Survey Plan
PRINCIPLE STATEMENT
For registered land with a survey plan showing dimensions, area, and survey beacons, the identity of each plot is sufficiently established and certain.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at p. 11; Paras A–D.
"The said plots 89, 91 and 93 are delineated in survey plan No. C087/72 drawn by a licensed surveyor, C. Olu Dawodu, wherein the dimension and area of each of the plots and the survey beacons demarcating each are clearly indicated... I have given these details to illustrate that the facts as to the identity and location of the parcel of land were available but the two courts below did not make use of them. The lower court was therefore in error to hold, as the trial court did, that the identity of the plots in question was not established. The area of each of those plots can easily be depicted in an enlarged form from the said survey plan No. CO 87/72 by any surveyor in a survey plan. Each plot is not only ascertainable, it is certain in identity."
EXPLANATION / SCOPE
For registered land with a survey plan, identity is established by the plan showing dimensions, area, and survey beacons. The court errs in holding identity not proved when such a plan exists. The area of each plot can be depicted in enlarged form from the master plan. Each plot is ascertainable and certain. The principle protects registered owners from technical objections about land identity. The survey plan is the primary evidence. The court should use it. The mere fact that the plot is part of a larger layout does not make it unidentifiable. The registered owner need not provide additional evidence beyond the registered survey plan. Identity is a question of fact, but the survey plan is conclusive.