LEGAL PRINCIPLE: LAND LAW — Declaration of Title — Identity of Land — Grant Must Be Ascertainable
PRINCIPLE STATEMENT
In an action for declaration of title, the land must be identified with certainty. Proof of a gift or grant must be backed by credible evidence as to identity, extent, and location. If the land is not ascertained, the claim must fail.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at p. 14; Paras A–C.
"In action for declaration of title to land the onus lies on the party claiming title, to satisfy the court that he is entitled on the evidence brought by him to declaration of the piece of land claimed. There must always be the identity of the land in dispute, proof of existence of a gift or grant must be backed up by credible evidence as to identity, extent and location. Before a declaration of title to land is granted, the land to which it relates must be identified with certainty. If it is not so ascertained, the claim must fail."
EXPLANATION / SCOPE
Land identity must be proved with certainty. The principle applies to declaration of title actions. The plaintiff must show boundaries and location. The rule ensures that judgments are enforceable. Failure to prove identity is fatal. The principle is fundamental.
