EVIDENCE LAW — Admissibility — Documentary Evidence — Deed of Gift Subsumed in Conveyance
Ratio Decidendi
Per Adekeye, JSC, in Oyeneyin & Anor v. Akinkugbe & Anor (2010) NLC-123-283-2001(SC) at p. 9, paras. C–D:
"Having embodied the deed of gift in the recital of the conveyance, no legal recognition is attached to the deed of gift - which can no longer stand on its own. Its content is now subsumed in the conveyance."
Explanation / Scope
This principle establishes that where a deed of gift is embodied in the recital of a conveyance, the deed of gift loses independent legal recognition and its content is subsumed in the conveyance. The principle applies where deeds are incorporated into subsequent documents. It ensures that the conveyance is the operative document. The principle reflects the doctrine of merger of documents. It prevents reliance on the subsumed deed. The court must treat the conveyance as the governing document. The principle provides guidance on the effect of incorporating deeds into conveyances.