"This appeal is almost on all fours with the recent judgment of the Supreme Court in ATANDA V. HON COMMISSIONER FOR LANDS & HOUSING, KWARA STATE & ANOR (2017) LPELR-42346 (SC). Just as in this appeal, the document of title (Sale Agreement) pleaded by the Appellant in proof of his title was not registered. The unregistered document was admitted in evidence in the trial Court and judgment entered in favour of the Appellant based on the unregistered document.

On appeal to the Court of Appeal, the judgment was set aside. On further appeal to the Supreme Court, Sanusi JSC delivering the leading judgment upheld the judgment of the Court of Appeal, holding as follows: "This brings me to Exhibit A on which this appeal virtually revolves. As I remarked supra, the appellant tendered Exhibit A as his sole root of title to the land in dispute. The trial Court admitted such document at the proceedings despite vehement opposition to its admissibility by the respondents because being a registrable instrument, it was however not so registered.

There is no gainsaying that Exhibit A is more or less a deed of conveyance in all its ramification, since it was tendered by the plaintiff for the sole purpose of vesting title of land in dispute upon plaintiff/appellant. The plaintiff/appellant however argued that Exhibit A did not require any registration. The question is, is Exhibit A an instrument that the law requires to be registered before it can be admissible in evidence? Section 2 of the Land Registration Law of Kwara State, defines an "instrument" to mean as follows: -

"A document affecting land in Kwara State whereby one party (hereinafter called the "Grantor"} confers transfers, limits charges or extinguish in favour of another party (hereinafter called "Grantee"} any right title to an interest in land in Kwara State and includes a Certificate of Purchase and Power of Attorney under which any instrument may be executed but does not include a "Will". Under Section 15 of the Land Instrument Registration Law of Kwara State, an unregistered document affecting land must not be pleaded and is not admissible.

Even in a situation where it was pleaded, the trial Court is duty bound to strike out the paragraph(s) where it was pleaded and also where it was mistakenly admitted in evidence, the trial Court must expunge it since it has no value evidentially. See Ossai v Nwajide (1975) 4 SC 2007." ?The learned Justice of the SC went on to mention when such unregistered documents may be admissible in evidence - where it is sought to be admitted as evidence of payment of purchase price or to establish or prove equitable interest in the land.

In the case, the unregistered sale agreement was admitted in evidence for the sole purpose of establishing title to the disputed land. The SC held that the trial Court erred in admitting the unregistered document as evidence of title and that the Court of Appeal was right in setting aside the judgment of the trial Court."

Per IYIZOBA, J.C.A. IN UMAR v. BAILEY & ORS CITATION: (2018) LPELR-44285(CA)