LEGAL PRINCIPLE: LAND LAW — Declaration of Title to Land — Burden to Prove Identity of Land Arises Only Where Defendant Raises It in Defence
PRINCIPLE STATEMENT
A plaintiff seeking a declaration of title to land has the primary duty to prove clearly and unequivocally the precise area to which his claim relates. But that burden will not arise where the identity of the land in dispute was never a question in issue. That issue will only arise where the defendant raises it in his statement of defence.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC) at p. 12; Paras A–B.
"A plaintiff seeking a declaration of title to land has the primary duty or burden to prove clearly and unequivocally the precise area to which his claim relates. But that burden will not arise where the identity of the land in dispute was never a question in issue. That issue will only arise where the defendant raises it in his statement of defence."
EXPLANATION / SCOPE
The plaintiff’s duty to prove the identity of land arises only if the defendant challenges it in the statement of defence. Where identity is not in issue, the burden does not arise. The principle applies to land disputes. The defendant must specifically raise the issue of land identity. The plaintiff need not prove what is not contested. The rule prevents unnecessary proof of undisputed facts. The court must identify the issues joined by the pleadings.
