CORAM

C.E.NWOSU-IHEME JCA

JUSTICE CHARLES EFANGA ARCHIBONG JUDGE.

UDOMA

PARTIES

ALIMI LAWAL APPELLANTS

G.B. OLIVANT (NIG.) LTD RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal against the judgment of the Court of Appeal reversing the judgment and order of the High Court where the plaintiff/Appellant, was granted a declaration in terms of his claim against the defendants.

HELD

The appeal was allowed. The Judgment of the Court of Appeal together with the costs awarded was set aside.

ISSUES

Whether or not the plaintiff was illiterate and therefore protected by Section 8 of the Land Instruments Registration Law. The Western State Court of Appeal erred in law – (i) In holding that the conveyance dated 6th May, 1969, which was rejected by the learned trial Judge should have been admitted in evidence. (ii) In holding that Section 8 of the Land Instrument Registration Law (Cap. 56) is not applicable to an illiterate who understands the purport of the Instrument he was executing at the time of executing the same, when the law does not create such a distinction. Judgment is against the weight of evidence.

RATIONES DECIDENDI

CASES CITED

BANQUE GENEVOISE DE COMMERCE ET DE CREDIT V. CLA MAR DI ISOLA SPETSAL LTD (THE SPETSI PATROIT CASE) (1962) 1 ALL NLR 570.|PATERSON ZOCHONIS &CO. LTD V. MALLAM MOMO GUSAU & ANOR. IN RE. MALLAM BABA DAN KANTUMO (1962) 1 ALL NLR 242.|DAY V. WILLIAM HILL (PARKLANE) (1949) 1 K.B 632

STATUTES REFERRED TO

The Interpretation Law (Cap. 51)|Land Instruments Registration Law, Cap. 56|Illiterate’s Protection Act or Law|

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