LEGAL PRINCIPLE: LAND LAW — Declaration of Title — Proof of Identity of Land — Use of Survey Plan
PRINCIPLE STATEMENT
Another way and perhaps a better way of proving the identity and extent of the land claimed is by the plaintiff filing a survey plan reflecting all the features of the land and showing clearly the boundaries.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ogun v. Akinyelu & Ors (2004) NLC-2071999(SC) at p. 13; Paras A–B.
"Another way and perhaps a better way of proving the identity and extent of the land claimed is by the plaintiff filing a survey plan reflecting all the features of the land and showing clearly the boundaries."
EXPLANATION / SCOPE
A survey plan is an effective, perhaps superior, method to prove land identity and extent. The plan must reflect all features and show boundaries clearly. The principle applies to land disputes. The rule assists courts in precisely identifying disputed land. A clear survey plan reduces boundary uncertainty. The plaintiff should file such a plan to facilitate accurate determination.