CIVIL PROCEDURE — Claim for Declaration of Title — Identity of Land — First duty of plaintiff seeking declaration of title
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Odunze & Ors v. Nwosu & Ors (2007) NLC-123-387-2001(SC) at p. 22; Paras A–C:
"It has of course been stated in a number of decided cases beginning from Baruwa v. Ogunsola (1938) 4 WACA 159 that the first duty of a person who comes to court for a declaration of title is to prove the area over which he claims with certainty. I believe the law should be regarded as settled that although a plan may not be necessary in cases where the identity and precise boundaries of the piece or parcel of land in dispute are known to the parties to the dispute... where as in this case there is a dispute as to the boundary or identity or both, such must be proved with certainty."
Explanation / Scope
The first duty of a plaintiff seeking declaration of title is to prove the area claimed with certainty. While a survey plan may not be necessary where boundaries are known and undisputed, where there is a dispute as to identity or boundaries, such must be proved with certainty. Failure to do so is fatal to the claim.