LEGAL PRINCIPLE: LAND LAW — Declaration of Title to Land — Identification of Land — Plaintiff’s Duty to Ascertain Boundaries
PRINCIPLE STATEMENT
In an action for declaration of title, the plaintiff must establish the area of land to which a declaration can be attached. The land must be identified with certainty; otherwise, the claim must fail.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Auta v. Ibe (2003) NLC-1481999(SC) at pp. 8–9; Paras D–A.
"In an action for declaration of title to land, the onus is on the plaintiff to prove title to a defined area to which a declaration can be attached. The first duty of a plaintiff who comes to court to claim a declaration of title is to establish to the court clearly the area of land to which his claim relates. It is also trite that before a decree of declaration of title to land can be made, the land to which it is related must be identified with certainty. If the land cannot be properly ascertained, the plaintiff's claim must fail."
EXPLANATION / SCOPE
The plaintiff must prove the boundaries of the land claimed. The principle applies to declaration of title actions. The land must be identifiable with certainty. The rule ensures that judgments are enforceable. Failure to prove identity is fatal. The court will not guess boundaries. The principle is fundamental.
