LEGAL PRINCIPLE: LAND LAW — Title to Land — Proof of Identity of Land — Survey Plan — When Not Mandatory
PRINCIPLE STATEMENT
It is not in all cases that a survey plan of the piece or parcel of land in dispute is either an absolute necessity or is so mandatory that unless it is produced and tendered in evidence, the court would have no option but to dismiss the plaintiff's claim. Where a piece or parcel of land in dispute is known to both parties or it is clearly ascertainable, whether from the averments in the pleadings or otherwise, and its area, exact location and precise boundaries on the ground are either unmistakably and appropriately pleaded or are admitted or acknowledged by the defendant, the non-production in evidence of the survey plan of such land cannot be a matter of great moment and does not disentitle the plaintiff from successfully maintaining an action in respect of title, trespass or injunction over such land.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC Oshodi v. Eyifunmi (2000) NLC-531995(SC) at pp. 36–37; Paras. D–A.
"It is not in all cases that a survey plan of the piece or parcel of land in dispute is either an absolute necessity or is so mandatory that unless it is produced and tendered in evidence, the court would have no option but to dismiss the plaintiff's claim. Where a piece or parcel of land in dispute is known to both parties or it is clearly ascertainable, whether from the averments in the pleadings or otherwise, and its area, exact location and precise boundaries on the ground are either unmistakably and appropriately pleaded or are admitted or acknowledged by the defendant, the non-production in evidence of the survey plan of such land cannot be a matter of great moment and does not disentitle the plaintiff from successfully maintaining an action in respect of title, trespass or injunction over such land."
EXPLANATION / SCOPE
A survey plan is not mandatory in every land case. Where the land is known to both parties, clearly described in pleadings, or its boundaries are admitted or acknowledged by the defendant, absence of a survey plan does not defeat the claim. The primary requirement is that the land be sufficiently identifiable—not necessarily by a formal survey. This pragmatic approach prevents dismissal of otherwise meritorious claims on technical grounds. However, where boundaries are genuinely disputed and the land cannot be ascertained from pleadings or admissions, a survey plan may become necessary to prove identity.