Subject Matter Index

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A plan as a means of identifying the land in dispute

Circumstances when an issue of identity of land can appropriately be said to be raised

Effect of a discrepancy between the land shown by the defendant and the one shown by the site plan

Effect of failure of the defendant to challenge the plaintiff's description of the disputed land

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

How the onus of proof regarding the identity of land will be discharged

How to resolve competing evidence on identity of land

Importance of proving identity of the land in dispute

Need for a claimant in an action for declaration of title to land, recovery of possession and injunction to prove the identity and limits of the land

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 a party who claims declaration of title to land, injunction and possession to clearly identify the land

Need for parties in an action for declaration of title to land to establish acquisition, identity (boundaries) and possession

Need for the land in respect of which a declaration of title/injunction is sought to be ascertained with clarity and precision

Need for the plaintiff to adequately describe his land

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

Reasons why disputed land must be clearly identified

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 a party who has a claim or counterclaim must prove the identity of his land

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

What the plaintiff in an action for declaration of title to land must prove with regard to the identity of the land

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 an inconsistency in the description of the boundaries of land is fatal to the claim of the Plaintiff

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 inspection of the land is necessary where the identity of the land is not in dispute

Whether inspection of the land is necessary where there is no dispute as to the identity of the land or any physical feature

Whether it is the court’s duty to ascertain the relative positions of the land being claimed by each party

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 land must be proved with mathematical accuracy

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 plaintiff must prove the identity of the land where the land he claims is bigger

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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