LAND LAW — Registration of Title — Registrar’s Duty Under Section 9
Ratio Decidendi
Per Adekeye, JSC, in Jolasun v. Bamgboye (2010) NLC-123-8-2002(SC) at p. 19, para. D – p. 20, para. A:
"In the interpretation of the foregoing, the court has a duty to give it a plain, ordinary and literal meaning except where such interpretation will lead to manifest absurdity. The duty of the court is to interpret the language of a statute in its grammatical meaning to convey the intention of the law maker... The law requires, going by its Section 9, that: In the course of investigation, the Registrar shall accept and act on (a) Legal evidence or (b) Evidence ordinarily required by conveyances; and if after the investigation, the Registrar is satisfied that the applicant is entitled to be registered - he shall do so accordingly and if not satisfied, he shall dismiss the application."
Explanation / Scope
This principle establishes that the Registrar, in investigating an application for first registration, must accept legal evidence or evidence ordinarily required by conveyances. If satisfied the applicant is entitled to registration, the Registrar shall register; if not satisfied, the application shall be dismissed. The principle applies in first registration proceedings. It ensures that the Registrar acts on proper evidence. The principle reflects the Registrar’s statutory duty. It prevents registration without proper proof. The court must interpret the provision literally. The principle provides guidance on the Registrar’s duty.