LEGAL PRINCIPLE: EVIDENCE LAW — Proof of Title to Land — Identity of Land — Necessity of Survey Plan
PRINCIPLE STATEMENT
Though a plan is not a sine qua non to identify land, there must be clear description to make the land ascertainable. The acid test is whether a surveyor can produce a plan showing the land from the record. A defendant claiming a vast area should establish identity by a survey plan.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Thompson & Anor v. Arowolo (2003) NLC-1351998(SC) at pp. 21–22; Paras D–A.
"Though there is no law or practice which establishes that a plan is a sine qua non to identify land being claimed, yet there must be some clear description to make a disputed land ascertainable. The acid test on the sufficiency of such proof is whether a surveyor taking the record of proceedings, can produce a plan showing accurately the land to which title has been given. Where a defendant claims ownership of a vast area of land allegedly including the land in dispute, he ought to establish the identity of the land by a survey plan of the land he is claiming."
EXPLANATION / SCOPE
A survey plan is not mandatory but clear description is required. The principle applies to land disputes. The test is whether the land can be identified from the record. The rule ensures certainty. Vague descriptions are insufficient. The principle is well-established.