CaseLaw
Oyekola V. Marinho (2000) CLR 8(h) (CA)
Brief
Facts
This is an interlocutory appeal against the ruling of Honourable Justice Akande of the Ikeja Division of Lagos State High Court delivered on the 5th day of June 1996. The appellant as plaintiff in suit No.ID/2662/94 sued the two respondents as defendants at the lower court. The appellant purchased a three – bedroom flat from the allocation made to her by the Lagos State Development and Property Corporation through the 2nd respondent i.e. Lagos Building Investment Co. Ltd.
The appellant in the course of the trial called one Ganiyu Ajani as his witness and sought to tender through him, a receipt issued by 1st respondent as exhibit showing acknowledgment of purchase money. The learned counsel for the 1st defendant/respondent objected on the ground that same was not registered placing reliance on the provisions of Land investments registration Law Cap 111 Laws of Lagos State 1994. Countering the 1st respondent’s ground of objection, the learned counsel to the appellant argued that although unregistered the said receipt is admissible as evidence of payment of money paid for the sale transaction as it was not tendered as a title document. In a considered ruling the learned trial Judge held that the receipt being a registrable instrument and having not been registered is inadmissible in law under the said provisions. The trial court rejected the exhibit. Dissatisfied with the lower court’s ruling the appellant appealed to this court.
Issues
Whether the receipt of purchase of land is admissible in evidence to show..