LAND LAW – Title to Land – Requirement for Certainty and Identity of Land Claimed
Ratio Decidendi
Per Adio, JSC, in Okedare v. Adebara & 2 Ors (1994) NLC-291991(SC) at p. 7; Paras. A–B:
"A plaintiff in a claim for declaration of title or to statutory right of occupancy must prove ascertainable boundaries, since the plaintiff's first duty is to prove, with certainty, the area over which he claims. A plaintiff is required to establish with certainty and precision the area of land to which his claim relates. If he fails to prove the boundaries or the identity of the land in dispute, the claim will be dismissed."
Explanation / Scope
This reinforces Principles 213, 304, 307, and 308. Land title claims require proving: (1) certain boundaries—clearly defined limits of the land; (2) precise area—specific extent of claim; (3) identity—which land is claimed. “Certainty and precision” means: boundaries can be located on the ground, area is specifically defined, and there’s no ambiguity about which land is claimed. Without certainty: courts cannot grant declarations (don’t know what land to declare title to), judgments would be unenforceable, and disputes would remain unresolved. Evidence establishing certainty includes: survey plans, natural/artificial boundaries, measurements, acreage, and physical features. Failure to prove boundaries/identity results in: claim dismissal, regardless of strength of title evidence, because courts cannot declare title to unidentified land. This strict requirement serves: preventing vague claims, ensuring enforceable judgments, enabling parties to know what land is affected, and avoiding future disputes about judgment scope. Land litigation’s first hurdle is identification—title proof is irrelevant if land isn’t identified with certainty.