LEGAL PRINCIPLE: LAND LAW – Registration of Titles – Rectification of Register on Grounds of Forgery
PRINCIPLE STATEMENT
Proof of fraud or forgery is fatal to any claim under section 53 of the Registration of Titles Law, no matter at what stage it occurred in the chain of transactions leading to the plaintiff's dealing.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Braimah v. Abasi & Anor (1998) NLC-1221992(SC) at pp. 27-28; Paras D–A.
"It cannot be too strongly emphasized that proof of fraud or forgery is fatal to any claim that a plaintiff may seek to establish under section 53, no matter at what stage this is shown to have occurred in the chain of transactions leading to the plaintiffs dealing in registered land."
EXPLANATION / SCOPE
Forgery vitiates the entire chain of title. The principle applies to registered land. The registered owner cannot claim indefeasibility if the title is tainted by fraud or forgery. The rule protects the integrity of the register. The court will order rectification. The party claiming under a forged document cannot rely on registration. The principle ensures that fraud does not defeat justice.