LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Identity of Land — When Identity Becomes an Issue for Determination
PRINCIPLE STATEMENT
Identity of land becomes an issue only if the defendant specifically disputes the area, size, location, or boundaries as shown in the plaintiff's plan or described in the statement of claim.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adenle v. Olude (2002) NLC-1341998(SC) at p. 11; Paras D–E.
"The law is that the identity of land in dispute will be in issue only if the defendant in his statement of defence makes it so by specifically disputing either the area or size covered or the location as shown in the plaintiff's plan (if there is a plan), or as described in the statement of claim. Where there is dispute as to the area and boundaries of the land, in other words if these are put in issue, the plaintiff who relies on a plan must show that his plan corresponds with the area claimed or in dispute."
EXPLANATION / SCOPE
Identity of land is not automatically in issue; the defendant must specifically dispute it. If the defendant does not challenge identity, the plaintiff need not prove it. The burden is on the defendant to put identity in issue. Once identity is disputed, the plaintiff must prove that the plan corresponds with the claimed area. The principle prevents unnecessary proof of undisputed facts. The defendant cannot later complain about lack of proof of identity if it was not put in issue. The rule applies to land disputes. The court focuses on issues genuinely in controversy. The principle promotes judicial efficiency.
