LEGAL PRINCIPLE: EVIDENCE – Admissibility of Survey Plan – Declaration of Title Without Survey Plan Where Land is Easily Identifiable
PRINCIPLE STATEMENT
Where there is no difficulty in identifying the land in dispute, a declaration of title may be made without it being based on any plan.
RATIO DECIDENDI (SOURCE)
Per Kutigi, J.S.C., in Bajoden & Anor v. Iromwammu & Anor (1995) NLC-2971990(SC) at pp. 3--4; Paras D--A.
"It is settled law that where there is no difficulty in identifying the land in dispute a declaration of title may be made without it being based on any plan."
EXPLANATION / SCOPE
A survey plan is not mandatory in every land case. If the land is easily identifiable, a declaration may be made without a plan. The principle applies where the land’s boundaries are clear and undisputed. The court can rely on oral descriptions and other evidence. The rule prevents technical dismissal where identity is clear. The plaintiff must still prove identity by other means. The court may visit the locus to resolve doubts. The principle promotes substance over form. The burden remains on the plaintiff to prove identity. The appellate court will not reverse for lack of a plan if identity is clear.