LAND LAW — Declaration of Title to Land — Identification of Disputed Land — Burden on Plaintiff
Ratio Decidendi
Per Mukhtar, JSC, in Ogedengbe & Ors v. Balogun & Ors (2007) NLC-123-273-2001(SC) at pp. 17–18; Paras A–C (quoting Edozie, JSC in Ezukwu v. Ukachukwu (2004) 7 NWLR part 902 page 227 at 249):
"In an action for declaration of title to land, the onus is on the plaintiff to establish with certainty the identity of the land in dispute to which his claim is related. This, he can do in one of two ways, viz, by oral evidence describing with such degrees of accuracy the said parcel of land in a manner that will guide a surveyor in producing a survey plan of the said land. Another way and perhaps a better way of proving the identity and extent of the land claimed is by the claimant filing a survey plan reflecting all the features of the land showing clearly the boundaries."
Explanation / Scope
This principle establishes the burden on a plaintiff to prove the identity of land in a declaration of title action. The plaintiff must establish the land with certainty. This can be done through oral evidence describing the land accurately enough for a surveyor to produce a plan, or by filing a survey plan showing all features and boundaries. The principle ensures that the court can attach a declaration to a defined area. Failure to prove identity is fatal to the claim. The principle applies in all land disputes where declaration of title is sought. The plaintiff must discharge this burden before title can be considered. The principle reflects the need for certainty in land adjudication.