Fact of the Case
The Appellant led evidence using a letter of grant against the respondent in a claim for title to land and damages for trespass, the High Court gave judgement in favour of the Appellant and the Respondent appealed. The Court of Appeal allowed the appeal and held that the letter of grant was inadmissible as evidence. The Appellant further appealed.
Issue
Were the Learned Justices of the Court of Appeal, Benin, right in setting aside the judgment of the learned trial judge on the ground that exhibit “B” should not have been admitted since the said exhibit “B” which was not registered pursuant to the Land Instrument Registration Law was the sole basis of vesting title in the land on the appellant.
Ratio Decidendi
The Meaning of ‘instrument’: “Instrument” means a document affecting land in the state whereby one party (hereinafter called the grantor) confers, transfers, limits, charges or extinguishes in favour of another party (hereinafter called the grantee) any right or title to or interest in the state……
Pleading Instrument: No instrument shall be pleaded or given in evidence in any court as affecting any land unless same shall be registered in the proper office as specified in section 3.”An unregistered land instrument is inadmissible in evidence.
Effect of Wrongful Admission of Evidence:The wrongful admission of evidence shall not of itself be a ground for the reversal of any decision in; any case where it shall appear to the court on appeal that the evidence so admitted cannot reasonably be held to have affected the decision and that such decision would have been the same if such evidence had not been admitted. Section 227 of the Evidence Act, 1990
The Supreme Court held that the letter of grant was inadmissible because it wasn’t registered but allowed the appeal because the letter of grant was not the sole basis of the decision of the trial court in favour of the Appellant. The judgement of the Court of Appeal was set aside and that of the Trial Court was restored with cost.
BY: RESOLUTION LAW FIRM
