“The earlier position of the law on admissibility of instruments under the Law in referenced, is that, such a document not registered is not admissible. In Dan’Asabe & Anor vs. Babale (2013) LPELR-22360 (CA) Mbaba, JCA at pages 46-50 held:
“The law is trite, as argued by the Appellants, that by Sections 2 and 15 of the Land Registration Law, Cap 77, Laws of Kano State, every document purporting to transfer title to land or affecting land transaction, shall be registered to become a registered instrument, to qualify to be pleaded and admitted in evidence for the purpose of establishing title to land. And where an unregistered registrable instrument is inadvertently tendered in evidence, the same should be ignored, as it is bereft of any probative value. See the case of Lekwauwa vs. Ukaegbe (2009) ALL FWLR (Pt. 469) 549; Uzoegwu vs. Ifekandu (2001) FWLR (Pt. 72)1950; Savannah Bank Plc vs. Ibrahim (2000) NWLR (Pt. 662) 585…… In Odumade vs. Ogunaike (2011) ALL FWLR (Pt. 566) 529 at 547 it was held:
"An unregistered instrument is not admissible to prove title to land, It is however admissible as a receipt or an acknowledgement of the payment of money in respect of the land. Where, coupled with delivery of possession, it gives rise to an equitable interest which is capable of being converted into a Legal Estate by specific performance."
The Supreme Court had made this point very clear in Lanlehin vs. James (1985) 4 SC (Pt.2) 194 per Obaseki, JSC thus:
“An instrument is in admissible in evidence unless registered (see: in section 15 of the Land Registration Law Cap 64 Laws of Lagos State 1973). In Pleading of such unregistered instrument was likewise prohibited by that section. The section 15, of the Land Instruments Registration Law Cap 64 reads:
"No instrument shall be pleaded or given in evidence in any court as affecting any land unless the same shall have been registered; Provided that a memorandum given in respect of an equitable mortgage affecting land in the colony or the southern provinces executed before the 1st day of July, 1944, and not registered under this ordinance may be pleaded and shall not be inadmissible in evidence by reason only of not being so registered; Provided further that this section shall not apply in the case of any document which is exempted from registration under this law by virtue of Section 86 of the Registration of Titles Law or the Registered Lands Law and which is registered under either or those laws."
The document however relied upon must be pleaded and used as the evidence of title. In Okoye vs. Dumez (Nig.) Ltd & Anor (1985) 1 NWLR (Pt.4) 783, the apex court per Karibi- whyte held:
“There is a long and impressive judicial authority for the proposition that the non-registration of a registrable instrument renders such instrument inadmissible as evidence in a litigation where such instrument is relied upon as evidence of title…
”ER E.TOBI, J.C.A IN THE CASE OF CHIDI UKACHUKWU V. MR. AMOS OLATOKUNBO KUKOYI & ORS; LEGALPEDIA ELECTRONIC CITATION: LER(2019) CA/L/854/2008
