Ratio Decidendi

Per Tabai, JSC, in Orunengimo v. Egebe (2007) NLC-123-254-2002(SC) at p. 7; Paras B–D:

"It is a Plaintiff who claims a declaration of title to land that has the duty of establishing the identity of the land in respect of which he seeks the declaration and not the defendant unless, of course, he counter-claims."
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Explanation / Scope

This principle places the burden of proving the identity of disputed land squarely on the plaintiff seeking a declaration of title. The plaintiff must clearly delineate the land through credible evidence such as survey plans, boundaries, and landmarks. The defendant is under no obligation to identify the land unless they file a counter-claim. Failure to establish the land’s identity is fatal to the plaintiff’s claim for declaratory relief.

Cases Applying This Principle

Chief Gibson Pencyl Orunengimo v. Madam Margaret Egebe