The law is well settled that an unregistered document which falls within the provisions of section 2 of the Land Registration Law of Kaduna State or under the corresponding provisions of the Land Instrument Registration Act can be admitted in evidence as a receipt of money transaction and memorandum of sale only. It cannot certainly be used to prove title. It may give rise to an equitable interest enforceable by specific performance.
– Sanusi JCA. Enejo v. Nasir (2006)
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The extra judicial statement of a witness in a criminal trial is inadmissible as evidence for either side. The admissible evidence is the evidence on oath in open Court by the witness which is subject to cross examination by the adverse party. The only time when an extra judicial statement of a witness is admissible is where a party seeks to use it to contradict the evidence of a witness already given on oath.
– Ogunwumiju JCA. Okeke v. State (2016)
I agree with the learned trial Judge that Exhibit 3 is an instrument within the meaning of section 2 of the Land Instrument Registration Law and that having regard to the mandatory provisions of section 15 of the said law no registrable instrument which has not been registered should be given in evidence. But it was probably too wide a statement for him to have concluded that “no title” could be based on Exhibit 3. Certainly not a legal title but equitable title or interest, yes. In the case of Okoye v. Dumez Nigeria Ltd & Anor (1985) 1 NWLR (Pt.4) 783: (1985) 6 S.C. 3 Bello. J.S.C. (as he then was) delivering the lead judgment said on page 12 thus: “It is trite law that where a purchaser of land or a lessee is in possession of the land by virtue of a registrable instrument which has not been registered and has paid the purchase money or the rent to the vendor or the lessor, then in either case the purchaser or the lessee has acquired an equitable interest in the land which is as good as legal estate and this equitable interest can only be defeated by a purchaser of the land for value without notice of the prior equity. A registrable instrument which has not been registered is admissible to prove such equitable interest and to prove payment of purchase money or rent: Savage v. Sarrough (1937) 13 NLR 141: Ogunbambi v. Abowab (1951) 13 WACA 222: Fakoya v. St, Paul’ s Church, Shagamu (1966) 1 All NLR 74: Oni v. Arimoro (1973) 3 S.C. 163; Bucknor-Maclean v. Inlaks ( 1980) 8-11 S.C. 1 and Obijuru v. Ozims S.C. 48/1984 delivered on 4th April 1985 unreported yet. It follows from the foregoing that the 1st respondent’s lease under Exhibits E and F was as good as if the instruments had been registered.”
— Kutigi, JSC. Awaogbo & Ors. v. Eze (1995) – SC.69/1991
The law is equally well settled that where inadmissible evidence is admitted, it behooves the trial Court to expunge such evidence from the record and consider if there is any viable evidence upon which the charge could be sustained. In essence, the wrongful admission of an evidence ought not to totally affect the decision of the Court unless the use of such evidence has resulted in occasioning a miscarriage of justice.
– Saulawa, JSC. Makanjuola v. State (2021)
Where there is documentary evidence on an aspect of a party’s case, no oral evidence is admissible on that aspect. This is because our adjectival law does not admit oral evidence on an aspect or area covered by a document. A party cannot benefit from two ways: documentary evidence and oral evidence. He can only lead evidence in respect of one and not the two of them. But this principle of law is subject to an important qualification and it is this. If the parties by their ad idem agree by oral agreement to change part of the written agreement, the court will not reject the oral agreement.
– Niki Tobi, JSC. Brossette v. Ilemobola (2007)
The Supreme Court in Ohijinle vs. Adeagbo (1988) 2 NWLR (Pt. 75) 238 held that where documentary evidence have been admitted in evidence, demeanour plays an insignificant if any role. The documents tendered in the case should be used as a hanger with which to assess oral testimony.
It is trite that the mere retraction of a confessional statement by the Defendant will not render it inadmissible. It will only affect the weight to be attached to it where the Defendant denies making it at the earliest opportunity.
– Ogunwumiju JSC. Junaidu v. State (2021)
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