By Prince A.S. Abimbola
When it comes to the accurate description of land in land disputes, a survey plan is usually the best document to be relied upon. A survey plan is a document that measures the boundary of a parcel of land to give an accurate measurement and description of that land.
Where a person prays the court for a declaration of title to a particular piece of land, can the court grant the prayer without a survey plan?
The Supreme Court had to answer this question in the case of Temile v Awani [2001] 12 NWLR Part 728 @ page 726. The Supreme Court per Karibi-Whyte, J.S.C delivering the leading judgment answered in the affirmative and held as follows:
“It is a well-settled principle of our law that a court can grant a declaration of title to land even without production by the Plaintiff of a survey plan. The accepted acid test is whether the land the subject of the declaration can be ascertained with ‘definitive certainty’ so that a surveyor taking the record of proceedings can produce a plan showing accurately the land which title has been granted.”
The Supreme Court relied on its earlier decision in Arabe v Asanlu 5 – 7 SC 78 per Bello J.S.C. delivering the leading judgment decided on a claim for declaration to title to land where a survey plan was not presented to court. The appellant as plaintiff representing himself and Isolo of Isanlu Isin family sued the respondent as defendant representing himself and Asanlu family in the Ayangba Upper Area Court claiming a declaration of title to a large parcel of land and an injunction restraining the defendant from entering the land and from interfering with the economic trees thereon. The case for the plaintiff in the trial court was that the land in dispute belonged to his fore-fathers and that recently the defendant had entered the land and started clearing it.
In his defence the defendant not only denied the plaintiff’s claim but counter-claimed informally in accordance with the practice of Area Courts that the disputed land was founded by his fore-fathers and his family have been in possession since then.
At the trial of the case both parties called witnesses who gave traditional evidence of how their ancestors got to the land in dispute. The trial court inspected the land in the presence of the parties and took further evidence at the locus in quo. There is no plan made by a surveyor.
However, in accordance with the normal practice of Area Courts, the trial court made a sketch plan of the land shown to it by the parties. It was the sketch map and other natural boundaries that was used in deciding the matter.
