Principle

LAND LAW — Declaration of Title to Land — Burden to Prove Identity of Land Arises Only Where Defendant Raises It in Defence

Area of law
LAND LAW
Court
Supreme Court

The plaintiff's duty to prove the identity of land arises only if the defendant challenges it in the statement of defence. Where identity is not in issue, the burden does not arise. The principle applies to land disputes. The defendant must specifically raise the issue…

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