LEGAL PRINCIPLE: LAND LAW — Declaration of Title — Proof of Identity of Land — When Identity Is Not in Issue
PRINCIPLE STATEMENT
A plaintiff seeking a declaration of title has the initial and primary burden of proving clearly the precise area claimed. But this burden will not exist where the identity of the land in dispute was never a question in issue.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ogun v. Akinyelu & Ors (2004) NLC-2071999(SC) at p. 13; Paras D–E.
"The law is settled that a plaintiff seeking a declaration of title to land has the initial and the primary burden of proving clearly and unequivocally the precise area to which the claim relates. But this burden will not exist where the identity of the land in dispute was never a question in issue."
EXPLANATION / SCOPE
The plaintiff’s burden to prove land identity arises only if identity is put in issue. If the defendant does not challenge identity, no proof is required. The principle applies to land disputes. The rule prevents unnecessary proof of undisputed facts. The defendant must specifically challenge identity to trigger the burden. The court will not require proof of what is not contested.
