CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
DEBESI DJUKPAN
APPELLANTS
RHORHADJOR OROVUYOVBE AND ANOTHER
RESPONDENTS
AREA(S) OF LAW
ADMISSIBILITY OF DOCUMENTS – ILLITERATE PROTECTION LAW-LAND INSTRUMENT REGISTRATION LAW
SUMMARY OF FACTS
Two illiterate persons requested the clerk of the native court to write a document evidencing the value of the purchase price of the land in dispute. The appellant argued that the document was inadmissible because it was not registered and that there is no sufficient description and address of the writer.
HELD
The court held that the document was admissible as evidence of receipt of payment and that the initials C.N.C (clerk of the native court) meets the requirement of address.
ISSUES
Whether the document was admissible under the land instrument registration law and the illiterate protection law.
RATIONES DECIDENDI
PURPORT OF SECTION 16 OF THE LAND INSTRUMENTS REGISTRATION LAW
1. ‘Section 16 of the Land Instruments Registration Law did not, when it said “No Instrument shall be pleaded or given in evidence in any court as affecting any land unless the same shall have been registered in the proper office as specified in section 3”, preclude exhibit A being admitted as a receipt for the payment of money and as a memorandum evidencing a transaction under native Law and custom.’ Per Lewis J.S.C
2. ‘The purpose of requiring the particulars of the address of the writer under the illiterate protection law, especially a professional letter writer, is so that they may be traced.’ Per Lewis J.S.C
CASES CITED
1. Yaya v. Mogoga 12 W.A.C.A. 132
2. Ogunbambi v. Abowaba 13 W.A.C.A. 222
3. S.C.O.A. Zaria v. Okon 4 F.S.C. 220
4. Alase v. llu 1965 N.M.L.R. 66
5. Jiboso v. Obadina, 1962 W.N.L.R. 303
STATUTES REFERRED TO
1. The Illiterates Protection Law (cap. 44 of the Laws of Western Nigeria).
2. The Constitution of the Federal Republic of Nigeria 1999
3. Land Instruments Registration Law