LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Documents – Certified True Copy of Registered Deed
PRINCIPLE STATEMENT
Once the provisions of Sections 18(3) and (4) and Section 31(1) of the Land Instruments Registration Law are complied with, a duly certified copy of an instrument shall be admitted in evidence without any further or other proof of such matters such as execution by the parties.
RATIO DECIDENDI (SOURCE)
"It is also my firm view that once the provisions of Sections 18(3) and (4) and Section 31(1) of the Land Instruments Registration Law are complied with, a duly certified copy of an instrument such as Exhibit A shall be admitted in evidence without any further or other proof of such matters such as execution by the parties in accordance with the provisions of Section 31(2) of the Law."
EXPLANATION / SCOPE
Certified true copies of registered instruments are self-proving. Once statutory certification requirements are met (proper certification by registrar under Sections 18(3), (4) and 31(1)), the certified copy is admissible without further proof of: execution by parties, genuineness of signatures, or due execution formalities. The certification itself establishes these matters. This exception to normal documentary proof requirements serves: convenience (parties needn’t produce originals or prove execution), reliability (certification by official custodian), and recognition of registration’s public record function. The principle facilitates litigation involving registered instruments by eliminating need for extensive foundational proof. However, this applies only to properly certified copies—informal or uncertified copies still require traditional proof. The certified copy stands as evidence as if it were the original, with execution and registration already proved by the certification