LEGAL PRINCIPLE: LAND LAW — Identification of Land — Effect of Visit to Locus in Quo
PRINCIPLE STATEMENT
A visit to the locus in quo can clear doubts as to the location and identity of land in dispute; where the court finds no difficulty in making a rough plan, the identity of the land is sufficiently established.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Odofin & Anor v. Oni (2001) NLC-1191995(SC) at p. 12; Paras A–C.
"Whatever doubts that existed as to the location and identity of the land in dispute from the evidence led on both sides were cleared as a result of the visit to the locus in quo where the members of the court found no difficulty in making a rough plan of the land in dispute. It was, as a matter of fact, not demonstrably shown that there was any misapprehension at the visit to the locus in quo regarding the identity of the said land."
EXPLANATION / SCOPE
A visit to the locus in quo (scene of the land) is a valuable tool for resolving doubts about land identity. The court can physically observe boundaries, features, and landmarks. A rough plan made during the visit can establish identity. If no misapprehension is shown, the visit resolves the issue. The principle supports trial courts in using their power to visit the locus. The appellate court will defer to findings made after such a visit. The visit provides firsthand knowledge that cannot be gained from documents alone. The party challenging the visit must demonstrate clear error or misapprehension. The visit enhances the court’s understanding.