SUBJECT MATTER
DECLARATION OF STATUTORY RIGHT OCCUPANCY
EVIDENCE
Title to land – Ascertainment of land in declaration of title to land
Evidence – Onus of Proof
Title to land – Ways to prove title to land
Tracing root of title – continuous chain of devolution
Traditional Evidence – possession of land for 20 years or a long time
Presumptions as to proof of ownership – proof of possession
Trace of title to the same source – First in time
“In a claim for declaration of title to land, the starting point is the identity of land. The identity of the land must be clearly ascertained. The identity of land would be in issue if and only if the defendant in his pleadings disputed either the area of the land or its location” BODE RHODES – VIVOUR JSC