LEGAL PRINCIPLE: LAND LAW – Identity of Land – Proof Required in Trespass Claims – Certainty of Boundaries Mandatory
PRINCIPLE STATEMENT
In a land dispute the boundaries of the land in dispute must be proved with certainty, such that a surveyor, taking the record, could produce a survey plan showing with accuracy the land in dispute. In a claim for trespass and injunction the onus is on the plaintiff to prove the identity of the land trespassed upon with clarity and certainty. This is mandatory because where an area of land is uncertain, it will be difficult and impossible to prove trespass to the land and thereafter grant injunction.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Babatola v. Aladejana (2001) NLC-801996(SC) at p. 9; Paras D–E.
"In a land dispute the boundaries of the land in dispute must be proved with certainty, such that a surveyor, taking the record, could produce a survey plan showing with accuracy the land in dispute. In a claim for trespass and injunction the onus is on the plaintiff to prove the identity of the land trespassed upon with clarity and certainty. This is mandatory because where an area of land is uncertain, it will be difficult and impossible to prove trespass to the land and thereafter grant injunction."
EXPLANATION / SCOPE
Boundaries in land disputes must be proved with certainty—a surveyor using the record could produce an accurate plan. In trespass claims, the plaintiff must prove the identity of the land with clarity and certainty. This is mandatory. Uncertain land makes proving trespass impossible. The court cannot grant injunction for unidentifiable land. The requirement applies to all land claims, not just trespass. Vague descriptions or mere mention of names is insufficient. The plaintiff must provide clear boundaries, features, or a survey plan. The principle ensures that judgments are enforceable and disputes are finally resolved. The burden is on the plaintiff to prove identity beyond doubt.