ITA PETER OKON v. EDET BASSEY OKON
(2014)LCN/6846(CA)
RATIO
THE BURDEN OF PROVING THAT A PARTY HAS LOCUS STANDI TO INSTITUTE AN ACTION
The Appellant has shown that he has a legal right and special interest in the subject matter. Attahiru v Bagudu (1998) 8 NWLR Pt 543 Pg 656. The Res is his father’s property that devolves on him as a surviving son. What better interest can there be? A son is entitled to fight for his father’s property against any other outsider.
The Appellant has the burden of proving that he has the locus standi to commence an action. Contract Resources (Nig) Ltd vs Wende (1998) 5 NWLR Pt 549 e.g 243, Ezechigbo vs Gov ANS (1999) 9 NWLR Pt 619 Pg 386. It has been held that a plaintiff can only seek redress in a court of law if he has interest which, the law regards as sufficient. However, sufficient interest can only be determined in the light of the facts and circumstances of each case Guda v Kitta (supra). Per UZO I. NDUKWE-ANYANWU, J.C.A
WHAT CONSTITUTE A VALID SALE OR A PLEDGE IN THE CONTEXT OF A LAND TRANSACTION
For an instrument to be pleaded or tendered in evidence in any court as affecting land, such instrument must be registered. However, an unregistered registrable instrument, is not admissible to prove title. It is only admissible to prove payment of money. Where also it is coupled with letting into possession of land by the seller, it may give rise to an equitable interest” Co-op Bank Ltd vs Lawal (2007) 1 NWLR Pt 1015 Pg 287, Obienu vs Okeke (2006) 16 NWLR Pt 1005 Pg 225, Olanrewaju v Ogunleye (1997) 2 NWLR Pt 485 12 SC Pg 138. (See also S.2 of the land Registration Act Cap 515 LFN 1990. It, therefore, means that an unregistered land instrument is not admissible to prove and establish title to land or an interest to the land. However, it is admissible to prove that there is a transaction between the parties. Also it can be used to prove what any of the parties had pleaded. Ojonye v Ibrahim (2002) 1 NWLR Pt 747 Pg 166. Ogbimi vs Neper Const. Ltd. (2006) 9 NWLR Pt 474, Obienu v Okeke (2006) 16 NWLR Pt 1005 Pg 225.
The signing of a deed of conveyance also satisfies a valid sale of land in the received English Law. See Comm. L & H. KWS vs Atadela (2007) 2 NWLR Pt 1018 Pg.360, Yusuf v Matthew (1999) 13 NWLR Pt 633 Pg 30, Adesanya v Aderounmu (2000) 6 SC Pt II Pg 18, Elema v Akansua (2000 5 SC Pt III Pg 26.
The court would not allow the Appellant to deny that the transaction was an outright sale just because the deed of conveyance was unregistered Ogundalu v Macjob (2006) 7 NWLR Pt 998 Pg 148. Whether a transaction is a pledge, is a question of fact, which as always must depend on the credibility of the evidence adduced in support thereof by the person who asserts that it does exist. See Akuchie vs. Nwamadi (1992) 8 NWLR Pt.257 page 214. Per UZO I. NDUKWE-ANYANWU, J.C.A
