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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It has to be pointed out here that what determines admissibility or otherwise of a particular piece of evidence or document is the Evidence Act and not the common law. See also R. v. Agwuna (1949) 12 WACA 456 at 458. — S. Galadima, JCA. Jadesimi & Anor. v. Egbe (2003)
When it is a question of admission of evidence, strictly, it is not whether the method by which it is obtained is tortious but excusable, but whether what has been obtained is relevant to the issue being tried. See Kuruma v. R. (1955) AC 197.
— Ogwuegbu JSC. Oshunrinde v Akande (1996) – SC.110/1990
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.
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 title which the plaintiff claims in respect of plots 89, 91 and 93 derived from the system of registration of title first introduced into Nigeria in 1935 and the law applicable to the case is the Registration of Titles Law Cap. 166, Laws of Lagos State of Nigeria, 1994. The courts below did not realise that the claim before them is in respect of land located in a Registration District under the aforementioned Cap. 166 Laws of Lagos State. The conveyancing of unregistered land depends upon production by the vendor of a series of documents which recite previous dealings or transactions affecting the land showing the ability of the vendor to convey what he has agreed to convey. In that case title has to be proved afresh each time a disposition of land is made. On the other hand, the conveyancing of registered land is different. As soon as title to land is registered, its past history becomes irrelevant, from that time title is guaranteed by the State and a purchaser can rely on it and transfer of land becomes the substitution of one person’s name for another’s in the Registry. The property register describes and identifies the land and the interest in the land which is the subject-matter of the title. Registration of titles is however distinct from registration of instruments, the former is simpler, cheaper, speedier and more reliable.
— Ogwuegbu, JSC. Onagoruwa & Ors. v. Akinremi (2001) – SC.191/1997
The test for admissibility therefore is relevance, the source by which the document has been obtained is immaterial. A document is admissible in evidence if it is relevant to the facts in issue and admissible in law. It has to be noted also that admissibility of a document is one thing, and the weight that court will attach to it is another. Relevancy and weight are in quite distinct apartments in the law of evidence. Relevancy which propels admissibility is invoked by the trial court immediately a document is tendered to determine the relevancy or otherwise of the document tendered. If the document is relevant the court admits it. Weight on the other hand, comes after admission of a document at the stage of writing the judgment. The two therefore ought not to be confused. See Dunniya v. Jomoh (1994) 3 NWLR (Pt. 334) 609 @ 617. Sadan v. State (1968) 1 All NLR 124. Dalek (Nig) Ltd v. OMPADEC (2007) 7 NWLR (Pt. 1033) 402. Abubakar v. Chuks (2001 18 NWLR (Pt. 1066) 386. Torti v. Uknabi (1984) 1 SC 370. Avong v. KRPC Ltd (2002) 14 NWLR (Pt. 788) 508. ACB Ltd v. Gwaswada (1994) 5 NWLR (Pt. 342) 25.
— A. Jauro, JCA. Chevron v. Aderibigbe (2011) – CA/L/76/04
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