Disable Preloader

CaseLaw

James V. Lanlehin (1985) CLR 7(a) (SC)

Judgement delivered on July 5th, 1985

Brief

  • Admissibility
  • Registrable instrument
  • Surveyor general’s signature

Facts

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 uncounter-signed. 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, 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) N. M.L.R. 479 and Awomuti v. Salami & Ors. (1978) 3 S. C. 105 governing the issue. The learned judge after a scholarly analysis of somewhat inordinate length of the binding nature of judicial precedents on lower courts, came to the conclusion that Lydia Erinosho v. Owokoniran (supra) had been impliedly overruled by the subsequent decision of this court of Awomuti v. Salami & Ors. (supra) and that he was bound by the latter. Plaintiff appealed against this ruling to the Court of Appeal which reversed the ruling of the trial Judge and held the plan admissible. There was a further appeal to the Supreme Court.

Issues

Whether there is a distinction between former crown/state grants and...

Read More