LEGAL PRINCIPLE: LAND LAW – Identity of Land – Effect of Failure to Prove Identity
PRINCIPLE STATEMENT
The issue of identity of the land in dispute being crucial, it is plain that since the plaintiff had been unable to identify the land he was claiming, he cannot succeed in the case even if other issues are decided in his favour. (See for example Kwadzo v. Adjei (1944) 10 WACA 274; Arabe v. Asanlu (1980) 5-7 SC 78).
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ibhafidon v. Igbinosun (2001) NLC-2371990(SC) at p. 8; Paras A–B.
"The issue of identity of the land in dispute being crucial, it is plain that since the plaintiff had been unable to identify the land he was claiming, he cannot succeed in the case even if other issues are decided in his favour. (See for example Kwadzo v. Adjei (1944) 10 WACA 274; Arabe v. Asanlu (1980) 5-7 SC 78)."
EXPLANATION / SCOPE
Proof of land identity is crucial in declaration of title actions. If the plaintiff fails to identify the land, the claim fails—even if other issues (e.g., root of title, possession) are decided in their favour. Identity is a threshold issue; without it, the court cannot grant any relief. The court cannot declare title to an unidentifiable piece of land. The plaintiff must provide sufficient description (survey plan, boundaries, features) to enable identification. Vague or contradictory descriptions are insufficient. Failure on identity is fatal to the entire case. The principle ensures that judgments are enforceable and disputes are finally resolved.