EVIDENCE LAW ā Illiteracy ā Proof ā Question of Fact Determinable from Evidence and Presumptions
Ratio Decidendi
Per Mohammed, JSC, quoting Karibi-Whyte, JSC in Anaeze v. Anyaso, in Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC) at p. 16; Paras DāE:
"There is clearly no doubt that the question of whether a person is illiterate or not is one of fact, which can be determined on the evidence before the trial Court. It can also be determined from a presumption drawn upon the facts before the Court."
Explanation / Scope
The determination of whether a person is illiterate is a question of fact. It is not presumed; it must be proved by evidence or by drawing an inference from established facts. The trial court must evaluate the evidence and decide the issue. This is relevant for the application of the Illiterates Protection Act, which requires special certification for documents executed by illiterates.