Ratio Decidendi

Per Onnoghen, JSC, in Ayuya & Ors v. Yonrin & Ors (2011) NLC-123-24-2002(SC) at pp. 24—25; Paras D—A:

"Where a plaintiff claims ownership of a piece or parcel of land against his neighbour and describes the boundaries of the said land in survey plan which is tendered and admitted in evidence, that survey plan clearly refers to the particular piece or parcel of land in dispute and it cannot be said that the identity and extent of the said land is unknown... The duty on a plaintiff to establish the extent and identity of the land claimed exists only where the identity and extent of the land in dispute is in issue, otherwise no such burden or duty arises."
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Explanation / Scope

This principle establishes that the duty to establish the identity and extent of land exists only where it is in issue. Where a survey plan is tendered and admitted, the identity and extent are established, and no such burden arises. The principle applies in land title claims. It ensures that the burden is only imposed where necessary. The principle reflects that admitted plans establish identity. It prevents unnecessary proof. The court must determine if identity is in issue. The principle provides guidance on proof of identity and extent.

Cases Applying This Principle

Bosinde Ayuya & Ors v. Chief Naghan Yonrin & Ors