LEGAL PRINCIPLE: EVIDENCE LAW – Evaluation of Evidence – Requirement of Survey Evidence to Prove Identity of Land in Previous Judgment
PRINCIPLE STATEMENT
It is not only when a plea of res judicata is raised that survey evidence becomes necessary to relate land in dispute to land in previous litigation, but it is essential in every case where the previous parcel is undefined and it is required to prove acts of possession relating to the disputed land.
RATIO DECIDENDI (SOURCE)
"Although it was admitted, it added nothing to the appellants' case as it has no probative value... Exhibit B was not only a default judgment but also did not give the details and locations of the parcels of land claimed therein... I agree with the learned counsel for the respondents that it is not only when a plea of res judicata is raised that it becomes necessary to call a surveyor to give evidence in order to relate the parcel of land in dispute to another in a previous litigation, but it is also essential in every case where the parcel of land in the previous matter is undefined when it is required to prove acts of possession relating to the land in dispute."
EXPLANATION / SCOPE
This principle addresses the evidentiary requirements for establishing the identity of land parcels in litigation, particularly when previous judgments or documents are relied upon. The principle establishes that survey evidence is not merely advisable but essential in two scenarios: (1) when pleading res judicata based on previous litigation concerning land—to prove that the land in the current case is identical to land adjudicated in the previous case; and (2) when proving acts of possession on land where previous descriptions are undefined or unclear—to establish that possession was on the specific land now in dispute. The necessity of survey evidence stems from the need for precise identification of land parcels. Unlike other property, land cannot be adequately identified by general descriptions alone, particularly in disputes where boundaries are contested. Survey evidence provides objective, scientific verification that different descriptions or claims refer to the same physical parcel. Without such evidence, previous judgments mentioning land (particularly default judgments lacking detailed descriptions) have minimal probative value because courts cannot determine whether the previous adjudication concerned the same land now disputed. The principle prevents parties from relying on vague references to previous litigation or possession to establish rights over undefined parcels. It requires concrete proof through qualified surveyors who can map parcels, identify boundaries, and definitively establish whether different descriptions refer to identical land. This ensures certainty in land litigation and prevents disputes based on speculation or assumption about land identity.