STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

LAND – REGISTRABLE INSTRUMENT NOT REGISTERED CREATES EQUITABLE INTEREST

Reach more audience. Place advert here.

It is however trite law that a purchaser of land who has paid and taken possession of the land by virtue of a registrable instrument which has not been registered has thereby acquired an equitable interest which is as good as legal estate. This equitable interest can only be defeated by a purchaser of the land for value without notice of the prior equity. Nsiegbe v. Mgbemena (2007) 10 NWLR pt. 1042, pg. 364, Okoge v. Dumez (Nig.) Limited (1985) 1 NWLR, pt. 4, pg. 783.

— O.O. Adekeye, JSC. Agboola v UBA (2011) – SC.86/2003

Was this dictum helpful?

SHARE ON

unregistered instrument

UNREGISTERED INSTRUMENT IS ADMISSIBLE TO SHOW POSSESSION

It would therefore seem to me apposite and admissible in this action where the documents, Exhibits ‘E’ & ‘F’ were tendered in an action against the respondents for a declaration and trespass, not for the purposes of claiming title but as evidence that respondents were lawfully on the land in dispute. It is admissible to show that respondents were not trespassers to the land in dispute. In my opinion where a registrable unregistered Instrument is regarded as inadmissible in evidence, it may be necessary on a proper consideration of the document itself, and the purposes for which it was tendered to determine whether it is not admissible for that purposes. If the purpose for which it is tendered did not affect any legal interest in land, it is in my opinion admissible for the purpose for which it was produced – namely in this case an equitable right to remain all the land.

— Karibe-Whyte JSC. Okoye v Dumez & Ors. (1985) – SC.89/1984

Was this dictum helpful?

UNREGISTERED INSTRUMENT ADMISSIBLE TO PROVE RECEIPT OF MONEY

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)

Was this dictum helpful?

REGISTRATION OF INSTRUMENT DOES NOT CURE INVALIDITY DUE TO LACK OF CONSENT

It must be accepted that the absence of the necessary ministerial approval or consent is a serious defect which affects the title sought to be conferred by the relevant instrument. It seems to me that if there is no evidence or ground upon which a presumption can be raised that such approval or consent had been obtained, the party whose reliance on the validity of a relevant transaction depends on that approval or consent has the burden to prove that it was obtained. It is not helpful to rely on the fact that the instrument evidencing the transaction was registered because registration does not cure the defect arising from the absence of the ministerial approval or consent, or indeed any defect in any instrument.

— Uwaifo, JSC. Rockonoh v. NTP (2001) – SC.71/1995

Was this dictum helpful?

WHAT UNREGISTERED REGISTRABLE INSTRUMENT MAY PROVE

An unregistered registrable instrument, sought to be tendered for the purpose of proving or establishing title to land or interest in land, would be inadmissible under Section 15 of the Land Instruments Registration Law; if it is however tendered to show that there was a transaction between the lessor and the lessee, it will be admissible as a purchase receipt. It will also be admissible if it is meant to establish a fact which one or both parties have pleaded. Under these two conditions, such a document does not qualify as an instrument as defined in the Land Instruments Registration Law.

– Nweze JSC. Abdullahi v. Adetutu (2019)

Was this dictum helpful?

THE PURPOSE OF REGISTERING INSTRUMENT

The purpose of registration is to protect third parties from fraud and the element of surprise likely to arise from non-registration. Hence where a purchaser with notice of the possession by a third party enters into contract, with respect to the land, with respect to the land he will not be entitled to rely on the want of registration by the third party. See Ogunbambi v. Abowab (1951) 13 WACA. 222. The equity of the non-registered instrument binds subsequent purchasers with the exception of bona fide purchasers for value without notice of the existence of the equity. – See Fakoya v. St. Paul’s Church, Shagamu (supra).

— Karibe-Whyte JSC. Okoye v Dumez & Ors. (1985) – SC.89/1984

Was this dictum helpful?

UNREGISTERED INSTRUMENT CAN SERVE AS EVIDENCE OF EQUITABLE INTEREST

Even though Exhibit E, an unregistered deed of surrender or release is not in law a valid document capable of transferring any title or estate under the Property and Conveyancing Law, such a document is still enforceable by the court as evidence of an equitable interest of title. Thus, it is admissible to prove payment of a purchase price. This is based under the maxim “Acquitasfactum habet quodfieri oportui ” which means “equity regards as done that which ought to have been done”. Under the rule of equity a purchaser should not be made to lose the land purchased by him merely because the strict legal requirements of registration was not met. [Tewogbade v. Obadina (1994) 4 NWLR (Pt.338) 326; Eso v. Adeyemi (1994) 4 NWLR (Pt340)558; Bello v. Otolorin (1996) 9 NWLR (Pt.470) 49 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

Was this dictum helpful?

No more related dictum to show.