LEGAL PRINCIPLE: LAND LAW – Identity of Land – Plaintiff’s Duty to Prove Land in Dispute Corresponds to Grant
PRINCIPLE STATEMENT
It was the duty of the plaintiff to have shown that the land in dispute (Exhibit F) was the same land allotted or granted to him in Exhibit A. This he failed to do. The lower courts were therefore right to have dismissed his claims.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ibhafidon v. Igbinosun (2001) NLC-2371990(SC) at p. 7; Paras E–F.
"It was the duty of the plaintiff to have shown that the land in dispute (Exhibit F) was the same land allotted or granted to him in Exhibit A. This he failed to do. The lower courts were therefore right to have dismissed his claims."
EXPLANATION / SCOPE
When a plaintiff claims title under a grant (e.g., deed, allocation, or certificate), they must prove that the land in dispute is the same land described in the grant. This is a fundamental requirement. The plaintiff cannot succeed without establishing this correspondence. The court will compare the description in the grant with the evidence (including survey plan) of the disputed land. If the plaintiff fails to prove identity, the claim fails regardless of the grant’s validity. The burden is on the plaintiff to adduce sufficient evidence—such as a survey plan, boundary features, or expert testimony—to establish the correspondence. Identity is a threshold issue.