Principle Statement

Before a declaration of title is given, the land which it relates must be ascertained with certainty the test being whether a surveyor, can, from the Record, produce an accurate plan of such land i.e. the need for a plan.

Ratio Decidendi (Source)

Per Ogbuagu, JSC, in EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC) at pp. 18–19; Paras D–E.

"Before a declaration of title is given, the land which it relates must be ascertained with certainty the test being whether a surveyor, can, from the Record, produce an accurate plan of such land i.e. the need for a plan."

Explanation / Scope

This principle establishes that land must be ascertained with certainty before a declaration of title is granted. The test is whether a surveyor can produce an accurate plan from the record. The principle applies in land title claims. It ensures that declarations are attached to identifiable land. The principle reflects the need for certainty in land adjudication. It prevents vague claims. The court must require a plan or sufficient description. The principle provides guidance on the standard for identifying land. It ensures that title can be properly enforced.

Cases Applying This Principle