LEGAL PRINCIPLE: EVIDENCE LAW — Admissibility of Evidence — Identity of Land — Proof of — Admission by Party as Sufficient Evidence
PRINCIPLE STATEMENT
Where a party admits that the land in dispute is the same as in a previous action, the question of identity is not in issue. The absence of a survey plan is not fatal where there is direct admission by a party as to the identity of the land.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Faleye v. Otapo (1995) NLC-31993(SC) at pp. 37–38; Paras. D–A.
"The 4th PW (the 3rd plaintiff) admitted that the land in dispute in this case is the same land in dispute in Exhibit A. In the face of this admission which the trial court accepted, the question of the identity of the land in dispute in both actions cannot now be seriously argued to be in issue. The absence of the survey plan No. AK 304B is not fatal to the plea of res judicata where there is direct admission by a party as to the identity of the land."
EXPLANATION / SCOPE
Admission of identity of land is sufficient proof. A survey plan is not mandatory where identity is admitted. The principle applies to all land disputes. The party cannot later challenge identity after admission. The rule promotes efficiency and prevents technical objections. The court will accept the admission as conclusive. The absence of a survey plan is not fatal.