(1985) JELR 46502 (SC)    

Supreme Court  ·  SC.204/1984 ·  5 Jul 1985 ·  Nigeria
Other Citations
Lanlehin v. James (1985) NWLR (Pt.6) 262
Lanlehin v. James (1985) 2 NWLR (Pt. 6) 262
MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
Core Terms Beta
good cause
land instruments registration law
registered instrument
registrable instrument
provisions of section
1st day of june
court of appeal
learned judge
diagram of land
lagos state
registered conveyance
supreme court
attached survey plan
fact defective
only issue
trial judge
a. g. karibi
amendment of the law
attached plan
court of appeal division
decisions of the supreme court
evidence of a registered instrument
exhibit a.
following provisions of the relevant laws
high court of lagos state
inadmissible plan
judgments of a superior court
lagos land registry
land instrument registration law
land subject matter of this action
leading judgment
lower courts
provisions of s.3 of the survey law
provisions of the survey act
rejection of the admissibility
ruling of the trial judge a.l.a.l. balogun
s.15 of the land instruments registration law
signature of any surveyor
subsequent decision of this court of awomuti v
true copy of the deed of conveyance
true reason

A. G. KARIBI- WHYTE, J.S.C. (Delivering the Leading Judgment): The only issue for determination in this appeal, is whether a registered registrable instrument to which a plan is attached, is inadmissible in evidence merely because the attached plan is both unsigned and uncountersigned. On the 26th March, 1984, the Court of Appeal Division, sitting in Lagos, allowed the appeal, of the defendant, and set aside the ruling of the trial judge A.L.A.L. Balogun, J. of the High Court of Lagos State. The learned judge had ruled partially sustaining the objection of the defendant against the admission in evidence both of the registered conveyance and the plan attached thereto. In his ruling the learned judge had admitted only the conveyance, but rejected the plan as inadmissible. His reason for so holding was that there were before him, as he thought, and held, two conflicting decisions of the Supreme Court, namely, Lydia Erinosho v. Owokoniran (1975) NMLR. 479 and Awomuti v. Salami and ors. (1…

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