Is an Agreement for the Sale of Land Admissible in Evidence Without Registration?

CASE TITLE: KWAN v. AJAI (2024) LPELR-61646(CA)
JUDGMENT DATE: FEBRUARY 15, 2024
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: CORDELIA IFEOMA JOMBO-OFO, J.C.A.

SUMMARY OF JUDGMENT:

This appeal borders on Land Law.

FACTS:
This appeal emanated from the decision of the High Court of Benue State sitting in Makurdi (hereinafter the trial Court) in suit No. MHC/103/2010, coram Hon. Justice T. A. Igoche, J., delivered on July 26, 2013, wherein the claims of the claimant against the defendant were dismissed.

The claimant at the lower Court who herein is the appellant had claimed as per paragraph 14 of his statement of claim against the defendant (herein the respondent) thus:

• a. A declaration that the parcel of land described in paragraph 13 above is Kwan family land.
• b. A declaration that the purported sale of the family land to the Defendant by Felix Ade without the consent of the Plaintiff and the family head is null and void.
• c. A declaration that the land described in paragraph 13 above belongs to the Plaintiff who is the only surviving son and heir of Kwan.
• d. An Order directing the Defendant to pay Two Hundred Thousand Naira (N200,000.00) as special damages to the Plaintiff being the legal fee charged by his counsel in this case.
• e. An Order of Court directing the Defendant to pay general damages of Five Hundred Thousand Naira only (N500,000.00).
• f. An order of perpetual injunction restraining the Defendant either by himself or through his agents, assigns, privies, and representatives, from further trespassing on the land.

The defendant filed his statement of defence which incorporated his counter-claim, and therein counter claimed as follows:

i. A declaration that the Counter-Claimant is entitled to the Statutory Right of Occupancy over that piece of land situated at Achusa village, Makurdi, measuring 30 meters by 30 meters with the following boundaries:
a. In the South by Ade family house;
b. In the North with land that belongs to the family of the plaintiff;
c. In the East by the land of one Aondoakaa;
d. in the west, by the land of one Terver Ateba from one Mr. Ukpevo.

ii. AN ORDER OF PERPETUAL INJUNCTION, restraining the plaintiff, his agents, servants, privies, or whosoever claims through him to disturb the Counter-Claimant from developing the plot or doing whatever he wants with it.
iii. N1,000,000.00 (One Million Naira) in general damages for trespassing on the plot.

Upon the conclusion of the filing and exchange of pleadings and the consequent hearing of the suit, the learned counsel for both sides filed and exchanged their respective final written addresses. In his judgment delivered on July 26, 2013, the learned trial Judge dismissed the action by the claimant.

Dissatisfied with the Judgment, the claimant as appellant appealed.

ISSUES FOR DETERMINATION:
The following issues for determination were considered:

1. “Whether the trial Court was right in holding that the land purportedly sold to one Mr. Samuel Ukpevo by Felix Ade in 2003 for the sum of N80,000.00 in Exhibit 5 is the same as the land in dispute.
2. Whether the pleadings and evidence before the trial Court Exhibits 2 and 6 qualify as evidence of possession of the disputed land.
3. Whether the trial Judge was right in admitting and relying on Exhibits 2, 4, and 5 in his Judgment.
4. Whether the trial Judge was right in holding that the Plaintiff has not proved that the land in dispute is Kwan family land on a balance of probability to entitle him to the reliefs sought in paragraph 14(a) of the statement of claim.
5. Whether or not the trial Court was right in granting title to the disputed land to the defendant/counter-claimant.
6. Whether the trial Court properly evaluated the evidence before it.”

DECISION/HELD:
In the final analysis, the appeal was dismissed.

RATIOS:
• EVIDENCE – HEARSAY EVIDENCE – Instance where a document will not be held to be inadmissible hearsay
• EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – Whether a party seeking declaratory reliefs must establish his entitlement to the reliefs upon the strength of his own case
• EVIDENCE – TRADITIONAL EVIDENCE/HISTORY – Nature of traditional evidence that will sustain a claim for declaration of title to land
• EVIDENCE – ADMISSION/ADMITTED FACT(S) – Whether admission/admitted facts need further proof
• LAND LAW – IDENTITY OF LAND – Who puts the identity of land in dispute in issue; instance(s) where the issue of identity of land will not arise
• LAND LAW – IDENTITY OF LAND – Principles of law as regards proper description/identification of the land in dispute
• EVIDENCE – PUBLIC DOCUMENT – Meaning of public document; whether original copy of public document can be tendered without certification
• EVIDENCE – ADMISSIBILITY OF EVIDENCE – Whether land sales agreement must be registered to be admissible in evidence
• EQUITY – PRINCIPLES OF EQUITY – Principles of equity

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