LEGAL PRINCIPLE: CIVIL PROCEDURE — Identity of Land — Proof of Land in Dispute — Composite Plan Establishing Identity
PRINCIPLE STATEMENT
A composite plan that incorporates two other plans sufficiently establishes the identity of the land in dispute; a careful examination would reveal that the composite plan is a combination of the other plans.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ewuoso & Anor v. Fagbemi (2002) NLC-1731997(SC) at pp. 11–12; Paras A–C.
"If their Lordships of the court below, with profound respect, had carefully examined the three plans, they would have concluded that Exhibit B, that is, plan No. BAG/1230 is a composite plan of Exhibits C and D and would not have come to the conclusion that the identity of the land being claimed by the plaintiff nor that of the land in dispute was not proved with certainty."
EXPLANATION / SCOPE
A composite plan that incorporates or combines other plans can establish land identity. The court must carefully examine all plans together. The composite plan is sufficient proof if it clearly shows the land in dispute. The principle applies where multiple plans relate to the same land. The plaintiff does not need a single plan covering all aspects if a composite plan serves the purpose. The court should not reject identity based on a superficial examination. The rule promotes substance over form. The opposing party may challenge the accuracy of the composite plan. The court will evaluate the plans as a whole. The principle applies to land dispute cases.
