PRINCIPLE STATEMENT

Absence of jurat in a document signed by an illiterate does not render the document null and void. A jurat is for the protection of the illiterate and cannot be used against his interest. The weakness in the document Exh. 28 is the weight to be attached to it.

RATIO DECIDENDI (SOURCE)

Per Karibi-Whyte, JSC, in Wilson v. Oshin (2000) NLC-2291994(SC) at p. 20; Paras A–B.
"Absence of jurat in a document signed by an illiterate does not render the document null and void. A jurat is for the protection of the illiterate and cannot be used against his interest. The weakness in the document Exh. 28 is the weight to be attached to it."
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EXPLANATION / SCOPE

The absence of a jurat (certificate of explanation) in a document signed by an illiterate does not render the document void. The jurat protects the illiterate person’s interest—it cannot be used against them. The document is not automatically invalid; its weakness affects weight, not admissibility. The court evaluates the document’s probative value based on circumstances. The absence of jurat may raise questions about whether the illiterate understood the document, but does not nullify it. The protection is for the illiterate’s benefit; they may waive it. The document may still have evidentiary value.

CASES APPLYING THIS PRINCIPLE