EVIDENCE LAW — Documentary Evidence — Deed of Conveyance — Recitals as to Vendors’ Authority Are Prima Facie Evidence of Representation
Ratio Decidendi
Per Tabai, JSC, in Kazeem v. Mosaku (2007) NLC-123-230-2001(SC) at p. 18; Paras A–C:
"Exhibit C contains no mention either of Otegbola or Esubi branches of the Agbaka family. Thus it is the Appellants that attempt a violation of section 132 of the Evidence Act by reading into it Otegbola or Esubi branches of the Agbaka family."
Explanation / Scope
A deed of conveyance is a formal legal document. Its recitals, such as the vendor’s assertion of title or authority, are admissible as prima facie evidence of the facts stated. However, the court cannot read into the deed matters that are not expressly stated or necessarily implied. A party cannot use oral evidence to introduce entirely new branches, parties, or claims not reflected in the deed. To do so would violate the parol evidence rule. The principle ensures the sanctity and reliability of documentary titles.
Cases Applying This Principle
None recorded.