CIVIL PROCEDURE — Claim for Declaration of Title — Boundary dispute as aspect of ownership dispute
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Odunze & Ors v. Nwosu & Ors (2007) NLC-123-387-2001(SC) at pp. 21–22; Paras E–A:
"Much as the parties have been disputing the boundary where their respective parcels of land abut each other it is an aspect of the larger issue in the case as to the ownership of the land in dispute its identity and location... Clearly fixing of boundaries between the parties is definitely relevant in the context of establishing the identity of the area of the land in dispute and its location between the parties."
Explanation / Scope
A boundary dispute is an aspect of the larger issue of ownership and identity of land. Fixing boundaries is relevant to establishing the identity and location of the disputed land. The court must determine boundaries to resolve the ownership dispute. This ensures clarity and certainty in the declaration of title.