LEGAL PRINCIPLE: LAND LAW — Title to Land — Declaration of Title — Land Must Be Ascertained with Certainty
PRINCIPLE STATEMENT
Before a declaration of title is given, the land to which it relates must be ascertained with certainty. There must be definite and precise boundaries. This requirement also applies to orders of injunction.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ojiako v. Ewuru (1995) NLC-1031992(SC) at p. 13; Paras. D–A.
"It is settled that before a declaration of title is given, the land to which it relates must be ascertained with certainty. In other words there must be definite and precise boundary of the land. This requirement also equally applies with full force before an order of injunction could be granted."
EXPLANATION / SCOPE
A declaration of title requires certainty of the land’s boundaries. The court cannot declare title to unidentifiable land. The same applies to injunctions. The principle ensures that judgments are enforceable. The plaintiff must prove the identity of the land. The court may rely on survey plans, descriptions, or locus visits. Vague boundaries defeat the claim. The rule applies to all land disputes. The appellate court will set aside declarations lacking certainty. The burden is on the plaintiff to prove boundaries with reasonable precision.