In land dispute cases, one of the most fundamental yet often overlooked aspects is the proper identification and description of the land in question. A recent judgment from the High Court of Plateau State, Nigeria, underscores the dire consequences of failing to meet this basic legal requirement. The case, Dr. Victor Dung Pam v. Respondents, serves as a cautionary tale for lawyers and litigants, highlighting how inadequate land description can lead to the collapse of an otherwise viable case.

Case Summary

The appellant, Dr. Victor Dung Pam, claimed ownership of a parcel of land along Bukuru-Jos Road, which he alleged was trespassed upon by the respondents. However, the trial court dismissed his claims, and the appellate court upheld the decision, primarily because the appellant failed to properly identify and describe the land in dispute. While the appellant referenced the land as being "situated and lying along Bukuru-Rayfield Road", this description was deemed insufficient. The court emphasized that the appellant did not provide details such as the size, boundaries, or dimensions of the land, making it impossible to accurately identify the property.

In this case, the appellant’s vague description of the land as being "along Bukuru-Rayfield Road" was insufficient. The court cited precedents such as Ukaegbu v Nwololo (2009) and Addah v Ubandawaki (2015), which reinforce the principle that a proper description is a prerequisite for any land-related claim.

How to Ensure Proper Land Description

1. Conduct a Thorough Land Survey

Before initiating any land-related litigation, lawyers should ensure that their clients obtain a professional survey plan. This plan should include precise details such as the size, boundaries, dimensions, and coordinates of the land.

2. Verify Documentation

Ensure that all documents related to the land, such as deeds, certificates of occupancy, and survey plans, are accurate and up-to-date. Pending applications or incomplete documents, such as the appellant’s unprocessed Certificate of Occupancy application, are not sufficient.

3. Use Expert Testimony

Engage a qualified surveyor to testify in court, if necessary. Their expertise can help clarify the identity of the land and reinforce the accuracy of the survey plan.

Conclusion

Properly identifying and describing land is a foundational requirement in land dispute litigation. The Dr. Victor Dung Pam v. Respondents case serves as a stark reminder of the consequences of neglecting this crucial step. Lawyers must prioritize precision, thoroughness, and accuracy when handling land-related cases. By ensuring that the land in dispute is clearly and accurately described, legal professionals can avoid unnecessary pitfalls and achieve better outcomes for their clients.