LAND LAW — Identity of Disputed Land — Known to Parties — Plan Not Sine Qua Non
Principle Statement
Where the identity of the land in dispute, is known to the parties and not in dispute, no plan is necessary. Absence of a plan is not fatal to a plaintiff's claim, if proper description of the land is available in the proceedings. A plan is not a sine qua non.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Ogedengbe & Ors v. Balogun & Ors (2007) NLC-123-273-2001(SC) at p. 5; Paras A–D.
"Where the identity of the land in dispute, is known to the parties and not in dispute, no plan is necessary. Absence of a plan is not fatal to a plaintiff's claim, if proper description of the land is available in the proceedings. A plan is not a sine qua non."
Explanation / Scope
This principle establishes that a survey plan is not mandatory to prove title to land. Where the parties know the land in dispute and its identity is not in issue, a plan is unnecessary. The absence of a plan is not fatal if proper description of the land is available in the proceedings. A plan is not a sine qua non. The principle applies where the land is well known to both parties. It prevents technical defeat where identity is clear without a plan. However, where identity is disputed, a plan is advisable. The principle ensures that plaintiffs are not penalized for not producing a plan where none is needed. The court must consider the circumstances.
