LEGAL PRINCIPLE: LAND LAW — Declaration of Title to Land — Proof of Identity — Requirement of Survey Plan or Boundary Description
PRINCIPLE STATEMENT
In an action seeking determination of boundaries, it is for the plaintiff to identify and prove existing boundaries. Where none is identified and proved, the court has no power to demarcate one. Vague descriptions are insufficient.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Auta v. Ibe (2003) NLC-1481999(SC) at p. 9; Paras D–E.
"The only evidence given as regards the boundary of the land in dispute is the mention of the locust bean tree. It is vague and incomprehensible. In an action which seeks the determination of boundaries between the parties to the dispute it is for the plaintiff to identify and prove the existing boundaries and where none is identified and proved, the court has no power to demarcate one."
EXPLANATION / SCOPE
The plaintiff must prove boundaries by survey plan or clear description. Vague descriptions are insufficient. The principle applies to land boundary disputes. The court cannot create boundaries. The rule protects certainty. The plaintiff must adduce evidence of boundaries. The principle is well-established.