LEGAL PRINCIPLE: LAND LAW – Declaration of title – Entitlement to smaller proved parcel
PRINCIPLE STATEMENT
Where a plaintiff claiming a declaration of title succeeds in proving the boundaries and title to a smaller parcel of such land, he is entitled to a declaration of title in respect of that smaller parcel, the title and boundaries of which he has proved with certainty.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ezeakabekwe v. Emenike (1998) NLC-851991(SC) at p. 20; Para A.
"Where a plaintiff who is claiming a declaration of title to land succeeds in proving the boundaries and title to a smaller parcel of such land, he would be entitled to a declaration of title in respect of such smaller parcel of land in dispute, the title and boundaries of which he has proved with certainty."
EXPLANATION / SCOPE
A plaintiff may be entitled to a smaller parcel if he proves it. The principle applies to land disputes. The court may grant partial success. The rule prevents total failure where part is proved. The plaintiff must prove boundaries with certainty. The principle promotes justice.