LEGAL PRINCIPLE: LAND LAW — Declaration of Title to Land — Identity of Land — Necessity of Proof
PRINCIPLE STATEMENT
Establishing the identity of the land in dispute is a sine qua non for a declaration of title; however, where both parties know the land, neither party will be allowed to mischievously raise the issue of identity.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Odofin & Anor v. Oni (2001) NLC-1191995(SC) at p. 9; Paras A–C.
"A plaintiff desirous to succeed in his claim for declaration to title to land in dispute must regard establishing the identity of the land in dispute as a sine qua non. It does not make much difference whether the land suit is litigated in the superior or inferior courts. Of course, where both parties are familiar with, or know the land in dispute, the question of its identity or its certainty will cease to perplex the trial court, so also the appellate court, and neither party will be allowed to place a clog in the wheel of justice by mischievously raising the issue of identity in order to becloud what is otherwise a piece of land that is well-known to both parties."
EXPLANATION / SCOPE
Proof of land identity is essential for declaration of title. However, where both parties know the land and it is well-ascertainable, a party cannot mischievously raise identity as a technical objection. The court will not allow the issue to be used to defeat a claim where the land is clearly known to both parties. The principle prevents procedural technicalities from defeating substantial justice. The court may treat the identity as established by common knowledge. The rule applies in both superior and inferior courts. The burden remains on the plaintiff to prove identity, but the court will not accept frivolous denials. The principle balances proof requirements with fairness.