Ratio Decidendi

Per Onnoghen, JSC, in Ogbimi v. Niger Construction Ltd (2006) NLC-123-275-2001(SC) at pp. 9–10; Paras A–C:

"The question is whether the above contents, even though written in the form of a letter qualifies as an instrument under the Land Instruments Registration Law... Does exhibit B qualify as an instrument within the definition reproduced above? There is no doubt that exhibit B, is a document in the form of a letter. A cursory look at exhibit B clearly shows that it purports to transfer and/or confer an interest in the piece of land described therein on or to the appellant. ... what is material in interpreting exhibit 'B' for the purpose of the applicable law is not the form the document was written but its contents. There is no doubt that exhibit B was written as a letter addressed to the appellant but its contents reveal it as an instrument affecting land and therefore subject to registration before it can be admissible in evidence in any proceedings."

Explanation / Scope

Letters that transfer land interests are instruments affecting land requiring registration. Form is irrelevant; content determines character. The principle applies to evidence law.

Cases Applying This Principle