LANLEHIN
V.
JAMES

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…