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Circumstances when an issue of identity of land can appropriately be said to be raised
Effect of failure to prove the identity of the land in dispute
How the evidential burden of proving the identity of land can be discharged
How the issue of identity of land can be resolved
Importance of proving identity of the land in dispute
Need for a claimant to prove specifically identity of the land and when proof of identity of land will not be necessary
Need for a claimant to prove the identity of the land in dispute
Need for the land in respect of which a declaration of title/injunction is sought to be ascertained with clarity and precision
On when the identity of the land in dispute has been raised as an issue
Position of the law that land in dispute must be clearly ascertained as to its precise boundaries
Position of the law where different names are ascribed to a land in dispute
Position of the law where the identity of a land in dispute cannot be easily ascertained
The acid test of proving the identity of land in dispute
The duty of court where the identity of land is in issue
The most common way of identifying the land in dispute
The rule that the identity of land must be ascertained for an order of injunction to be tied to it
The rule that the issue of identity of land is a matter of pleading
The rule that the land in dispute must be described clearly and sufficiently so that a Surveyor can, using the description, produce a plan of the land in dispute
The rule that the plaintiff has the burden to prove the identity of the land in dispute
Ways of proving the identity of land in dispute
What constitutes proof of identity of land in dispute
When identity of a disputed land becomes a fact in issue
When proof of identity of land will be necessary
When proof of identity of land will not be necessary.
When the need to establish the identity of the land in dispute will arise
When the plaintiff will be said to have discharged the burden of proving the identity of the land in dispute
Whether a defendant who counter-claims for a declaration of title to the land in dispute and, in addition, seeks an injunction, can argue that the identity of the land has not been established
Whether a defendant who has proved the identity of the land in dispute can complain that the plaintiff has not established the identity of the land
Whether a plan is necessary in proving identity of land in all cases
Whether identity of land can be proved by oral description of the land
Whether proof of identity of land is necessary where there is no doubt as to the identity of the land
Whether referring to land by different names affects the identity of the land
Whether the court can give a description of the boundaries of the land in dispute when there was no such evidence before him
Whether the identity of land in dispute must be proved in all cases
Whether the identity of the land in dispute is uncertain where the area of land in dispute is well known to the parties
Whether the name given to a particular piece of land is relevant where the identity of the land is certain
Whether the name given to a place is significant in determining the exact area in dispute
Whether the question of inadmissibility of the survey plan is an issue where the parties know the identity of the disputed land
Whether there is need to prove boundaries where the identity of the land and accuracy of the survey plan are not in issue
Whether there is need to prove the identity of the land where rival parties made claims to the same area
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