LEGAL PRINCIPLE: EVIDENCE LAW — Proof of Title to Land — Documentary Evidence — Presumption Under Section 130 Evidence Act
PRINCIPLE STATEMENT
Recitals in deeds twenty years old at the date of the contract are sufficient evidence of the truth of such facts, unless proved inaccurate. This presumption enures to the benefit of the party producing the deed, and the onus is on the opposing party to prove the contrary.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Thompson & Anor v. Arowolo (2003) NLC-1351998(SC) at pp. 51–52; Paras D–A.
"Recitals, statements, and descriptions of facts, matters, and parties contained in deeds, instruments, Acts of the National Assembly, or statutory declarations, twenty years old at the date of the contract, shall, unless and except so far as they may be proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters and descriptions. This presumption enures to the benefit of the party producing the deed and the onus is on the opposing party to prove the contrary of the facts contained in the recitals."
EXPLANATION / SCOPE
Section 130 of the Evidence Act creates a presumption for old deeds. The principle applies to documentary evidence. The presumption shifts the burden. The rule promotes reliance on ancient documents. The opposing party must rebut. The principle is well-established.