ITA PETER OKON V EDET BASSEY OKON

CORAM

PARTIES

ITA PETER OKON APPELLANTS

EDET BASSEY OKON RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Claimant/ Appellant instituted an action against the Defendant /Respondent at the High Court of Cross River State sitting in Ikot Nakanda, for a declaration that the transaction between the Plaintiff and the Defendant’s father late Bassey Okon Attah in respect of a piece or parcel of land is a pledge, and  a declaration that the Plaintiff is entitled to customary right of occupancy over the piece of land with also an order that the Plaintiff is at liberty to redeem from the Defendant the piece or parcel of land in this action. The trial judge in his judgment dismissed the claim of the Plaintiff/Appellant. Dissatisfied the Plaintiff/Appellant appealed to the Court of Appeal

HELD

Appeal allowed

ISSUES

1. Does the Appellant have locus standi to prosecute the suit in the lower court.?

2. Was the transaction between the parties a pledge or an outright sale. ?

RATIONES DECIDENDI

DEED OF CONVEYANCE- WHETHER A COURT WOULD ALLOW THE APPELLANT DENY THAT THE TRANSACTION WAS AN OUTRIGHT SALE BECAUSE THE DEED OF CONVEYANCE WAS UNREGISTERED

“The court would not allow the Appellant to deny that the transaction was an outright sale just because the deed of conveyance was unregistered.” PER NDUKWE-ANYANWU J.C.A

PLEDGE- WHETHER A TRANSACTION IS A PLEDGE WILL DEPEND ON THE CREDIBILITY OF EVIDENCE ADDUCED BY THE PERSON WHO ASSERTS ITS EXISTENCE

“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 hereof by the person who asserts that it does exist.” PER NDUKWE-ANYANWU J.C.A

BURDEN OF PROOF- ON WHO THE BURDEN OF PROOF LIES

“The Appellant has the burden of proving that he has the locus standi to commence an action.” PER NDUKWE-ANYANWU J.C.A

DEED OF CONVEYANCE- EFFECT OF SIGNING OF A DEED OF CONVEYANCE

“The signing of a deed of conveyance also satisfies a valid sale of land in the received English Law.” PER NDUKWE-ANYANWU J.C.A

REDRESS-BASIS ON WHICH A PARTY CAN SEEK REDRESS IN A COURT OF LAW

“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.” PER NDUKWE-ANYANWU J.C.A

UNREGISTERED LAND INSTRUMENT- WHETHER AN UNREGISTERED REGISTRABLE INSTRUMENT IS ADMISSIBLE TO PROVE TITLE

“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.” PER NDUKWE-ANYANWU J.C.A

INSTRUMENT-ESSENCE OF REGISTRATION OF AN INSTRUMENT- WHETHER AN UNREGISTERED REGISTRABLE INSTRUMENT IS ADMISSIBLE TO PROVE TITLE

“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” PER NDUKWE-ANYANWU J.C.A

CASES CITED

Adesanya v Aderounmu (2000) 6 SC pt II pg 18Akuchie vs. Nwamadi (1992)8 NWLR Pt.257 page 214Comm. L & H. KWS vs Atadela (2007) 2 NWLR pt 1018 pg 360Contract Resources (Nig) Ltd vs Wende (1998) 5 NWLR pt 549 243Co-op Bank Ltd vs Lawal (2007) 1 NWLR pt 1015 pg 287Elema v Akansua (2000) 5 SC pt III pg 26Ezechigbo vs Gov ANS (1999) 9 NWLR pt 619 pg 386Obienu vs Okeke (2006) 16 NWLR pt 1005 pg 225Ogbimi vs Neper Const. Ltd. (2006) 9 NWLR pt 474Ogundalu v Macjob (2006) 7 NWLR pt 998 pg 148Ojonye v Ibrahim (2002) 1 NWLR pt 747 pg 166Olanrewaju v Ogunleye (1997) 2 NWLR pt 485 12SC pg 138Yusuf v Matthew (1999) 13 NWLR pt 633 pg 30

STATUTES REFERRED TO

The Land Registration Act Cap 515 LFN 1990

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