LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Unregistered Instrument — Admissibility to Prove Equitable Interest
PRINCIPLE STATEMENT
An unregistered registrable instrument is inadmissible to prove legal title but is admissible to prove equitable interest, such as possession and payment of rent.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Awaogbo v. Eze (1995) NLC-691991(SC) at pp. 13–14; Paras. D–A.
"Exhibit 3 is an instrument within the meaning of section 2 of the Land Instrument Registration Law. Having regard to the mandatory provisions of section 15 of the said law, no registrable instrument which has not been registered should be given in evidence. However, where a lessee is in possession of the land by virtue of a registrable instrument which has not been registered and has paid the rent to the lessor, the lessee has acquired an equitable interest in the land which is as good as legal estate. Such an instrument is admissible to prove such equitable interest and to prove payment of rent."
EXPLANATION / SCOPE
An unregistered registrable instrument is inadmissible to prove legal title but is admissible to prove equitable interest. The principle applies to leases and other transactions. The lessee in possession has an equitable interest. The instrument may be used to prove payment of rent. The rule is based on the distinction between legal and equitable interests. The court will admit the instrument for limited purposes. The principle protects the rights of parties in possession.