“I also find that there is no indication on the plan as to the location of the area in dispute, such area ought to have been indicated on the plan. Plaintiffs purported to have given boundary descriptions of it but these boundary descriptions are not shown on the plan. The plan Exhibit C covers an area of 340.5 acres; plaintiffs are claiming 11.55 acres of this. Plaintiffs ought to have shown at which part of Exhibit C they claim the 11.55 acres – and also showing the area dimensions of the portion they claim. For what it is now plaintiffs are just claiming 11.55 acres of land without stating where the land is. This court cannot make an order on an unidentified area of land. Where plaintiff claims land he must identify such land and must in showing such land in a plan, if he made a plan, relate it to some natural features or other known object so that the land could be easily identified for future reference and to avoid future litigations on the same land by other names. The declaration sought by plaintiffs cannot therefore be made.” Per SOWEMIMO, J.S.C. in CHIEF ODUM V. CHIEF P.B.O. CHINWO (1978-LCER-1716-SC) at P. 12, Para. A.
LawCompass Electronic Reports (LCER) … Your Digital Solution To Legal Research!
Facts
Issues
Lead Judge(ment)
Held
Alternate Citations
Full Judgment
Counsel: