Can the Issue of Identity of Land Arise where the Parties Know the Land In Dispute?

CASE TITLE:  HASSAN & ORS v. TADE TAIYE VENTURES LTD & ORS (2025) LPELR-81233(CA)

JUDGMENT DATE: 26TH MAY, 2025

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.

SUMMARY OF JUDGMENT

INTRODUCTION:

This appeal borders on land law.

FACTS:

This is an appeal against the judgment of the High Court of Justice, Ogun State, in the Agbara Judicial Division delivered by HON. JUSTICE O. S. OLUSANYA on the 8th day of April, 2014, in Suit No: HCA/38/2011, wherein the judgment was in favour of the Respondents.

The 1st to 3rd Appellants were the Claimants before the lower Court, while the 1st to 3rd Respondents were the Defendants at the lower Court. The dispute between the Appellants and the Respondents arose in respect of all piece or parcel of land situate, lying, and being at Agun Road, Igbesa, Ogun State, particularly described in Survey Plan No. PAT/OG92/87 prepared by Surveyor G. O. Popoola of Registered Surveyor.

The Appellants by their amended statement of claim, claimed against 1st, 2nd and 3rd Respondents as follows:

a. DECLARATION that the claimants’ Togunjagun’s family of Igbesa is the one entitled to Statutory Right of Occupancy over and in respect of ALL THAT piece or parcel of land situate, lying and being at Agun Road, Igbesa which is particularly described in Survey Plan No. PAT/OG92/87 prepared by Surv. G.O.O Popoola of Registered Surveyor;

b. N100,000.00 (One Hundred Thousand Naira) as damages for trespass committed on the land.

c. PERPETUAL INJUNCTION restraining the Defendants, their agents, servants, assigns, privies or any person however called from further trespassing on the said land.”

The 1st and 2nd Respondents on other hand joined issue with the Appellants by filing a joint statement of defence and counter-claim and claimed.

After the close of pleadings, the matter proceeded to trial. The Appellants called four witnesses and tendered Six Exhibits. The 1st and 2nd Respondents on their part, called only one witness and tendered Nine Exhibits. The 3rd Respondent testified and tendered One Exhibit.

Upon the close of the case, the Appellants and all the Respondents through their counsel filed written addresses. Thereafter, the trial Court delivered its judgment and the claims of the Appellants were dismissed while the counter-claim of the 1st – 2nd and 3rd Respondents were granted.

The appellants’ dissatisfaction with the Judgment of the Court brought about this appeal.

ISSUES FOR DETERMINATION:

The issues considered were:

1. Whether the identity of the land in dispute was properly established?

2. Whether the evidence of the Claimants were properly evaluated by the lower Court?

3. Whether from the totally of the case, a valid transfer of title of any land in favour of the 3rd Defendant was established?

DECISION/HELD:

The appeal was dismissed. Consequently, the judgment of the High Court of Justice, Ogun State, in Agbara Judicial Division was affirmed.

RATIOS:

• ACTION- DECLARATORY RELIEF(S): Whether a plaintiff seeking declaratory reliefs must rely on the strength of his case and not on the weakness of the defence
• ACTION- PLEADINGS: Whether parties are bound by their pleading; Effect of evidence at variance with pleadings
• EVIDENCE- ADMISSION/ADMITTED FACT(S): Whether admission/admitted facts need further proof
• EVIDENCE- BURDEN OF PROOF/ONUS OF PROOF: Burden on a party to prove the existence of the facts asserted
• EVIDENCE- EVALUATION OF EVIDENCE: Duty of trial Court as regards evaluation of evidence and ascription of probative value thereto; what evaluation of evidence entails
• LAND LAW- IDENTITY OF LAND: Duty of a plaintiff/claimant to establish the identity/area of land in dispute; effect of failure to do same
• LAND LAW- IDENTITY OF LAND: Whether issue of identity of land can arise where the parties know the land in dispute
• LAND LAW- IDENTITY OF LAND: Circumstance where the identity of land in dispute would be in issue
• LAND LAW- IDENTITY OF LAND: Whether where the identity of the land in dispute is known to the parties the fact that different names are given to the land or area where the land is located is of any legal significance

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