LAND LAW — Declaration of Title to Land — Proof of Title — Identity and Extent of Land in Dispute
Ratio Decidendi
Per Onnoghen, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at pp. 23—24; Paras D—A:
"Both parties filed pleadings in this action in which they claimed ownership of the land in dispute; they engaged the service of licensed surveyors who went on the land and carried out a survey indicating the essential features thereon including the boundaries of same which plans were duly tendered and admitted in evidence... It is common occurrence in land matters for parties to refer to the same piece or parcel of land by different names and also to indicate in their respectively plans different features but the bottom line remains the fact that the parties know the land in dispute otherwise there would be no dispute at all; what is usually in dispute is the ownership of the particular land being claimed by the plaintiff."
Explanation / Scope
This principle establishes that in land disputes, parties may refer to the same land by different names and indicate different features in their plans, but the identity of the land is known to them; the real dispute is ownership. The principle applies in land title claims. It ensures that disputes are resolved on ownership, not identity. The principle reflects that identity is usually not in issue. It prevents technical objections based on differences in plans. The court must focus on ownership. The principle provides guidance on identity and extent of land.