Chief Paul Okoroafor & Ors. V. Godwin Udensi & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Abia State High Court presided over by Hon. Justice S. A. Nwakaffio, delivered on the 23rd day of February 2011.

In brief, the Appellants who are defendant before the Abia State High Court, brought appeal, challenging the ruling delivered on the 23rd February, 2011, wherein the learned trial judge rejected document sought to be tended by the Defendants/Appellants in this appeal, on the ground that the said document does not qualify as purchase receipt.

Appellants brief of argument filed on 7th June 2012, was settled by learned counsel Mike Okezie, counsel distilled the following issues for determination:

“1. Whether or not the document rejected, does not qualify as a purchase receipt, because there is no indication of financial transaction on the face of it.

2. Whether or not a land document not registered can be admissible in evidence as a purchase receipt.”

The Respondents brief of argument filed on 15th June, 2012 was settled by learned counsel Nwokocha H. A; learned counsel formulated no issues for determination he adopted and argued Appellants issues for determination.

At the hearing of this appeal, on 27th November 2012, learned counsel Mike Okezie, for the Appellant, adopted the appellants brief of argument filed on 7th June 2012 and Appellants reply brief filed on 8th June 2012, and urged the Court to allow the appeal.

Learned counsel H. A. Nwokocha adopted Respondents brief of argument dated 15th June 2012, and urged this court to dismiss the appeal.

ISSUE No 1:

“whether or not the document rejected does not qualify as a purchase receipt because there is no indication of financial transaction on the fact of it.”

In arguing issue number one, learned counsel for the Appellants, referred this Court to the document in contention at page 88 of the record of appeal, and submitted that, the document clearly and expressly shows that the land in dispute was given to Agbai Uche by the Appellants “for granted”.

Learned counsel then referred this Court to the meaning of “grant” in chambers dictionary, which means “gift” that is, to bestow a gift, conveyance of property by deed etc, counsel also referred this Court to the meaning of “grant” in Blacks Law Dictionary to mean “give or confer something with or without compensation. That, it also means to formally transfer real property by deed or other writing”.

Learned counsel said the document sought to be tendered at the trial does not disclose any amount. That the document does not prove financial consideration, counsel referred the Court to page 103 of the record of appeal to show the conclusion reached by the Court on admissibility of the said document.

Counsel said, the document sought to be tendered does not purport to show evidence of financial transaction, rather the document is intended to prove that the land in dispute was donated as a grant or gift to the Respondents grandfather Agbai Uche. Learned counsel referred the Court to Okoye vs. Dumez Nig. Ltd. (1935) 1 NWLR (Pt.783), and said, registrable instruments which are not registered, are if pleaded, admissible in evidence to prove not only payment of purchase money or rent, but also to prove equitable interest where the purchaser or leasee is in possession, counsel also relied on Alhaji Buba Usman vs. Mohammed T. Garke (1999) 1 NWLR (Part 587), and said, registrable land instrument which is not registered is not admissible as evidence of title, but is admissible as mere evidence of personal contract between two parties; He relied on Obisanya vs. Nwoko (1974) 6 S. C 69; and urged this Court to resolve this issue in favour of the Appellant.