ARE V. ADISA & ANOR

• Pages: 166-171

166

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NIGERIAN SUPREME COURT CASES

[1967] N.S.C.C.

ARE V. ADISA & ANOR

L.A. ARE

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APPELLANT

V.

ADISA

NIGERIAN HOUSING DEVELOPMENT

SOCIETY LIMITED

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RESPONDENTS

SUIT NO. SC 73/1966

SUPREME COURT OF NIGERIA

BRETT,

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Ag.C.J.N.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

19th May, 1967.

Civil Action - Practice and Procedure - Onus of proof in proceedings

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Real property - Acquisition of land in W.N. by alien - Approval of transaction

by Governor

Statutes - Interpretation - Prescribed mode of signifying exercise of power conferred

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25

on Governor; not exclusive where power delegated.

ISSUES:

1.

On whom does the onus of proof in civil proceedings lie?

2.

When a power given to the Governor has been delegated, is S.50(1) of the

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30

Interpretation Law exhaustive of the ways in which such power may be

exercised?

3.

Is a mortgage deed, registered under the Land Instruments Registration Law

void because the required approval was given

(a)

by someone other than the Minister to whom are power was delegated by

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the Governor?

(b)

in the form of a "letter', and not in the prescribed form?

FACTS:

The plaintiff, now the appellant, mortgaged his property to the second defend-

ant in a transaction requiring prior approval under section 3 of the Native Lands

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Acquisition Law. The second defendant subsequently sold it to the first defend-

ant. The plaintiff filed suit seeking to have the sale set aside as illegal and void on

the ground that the mortgage transaction was not duly approved in accordance

with the provision of section 3 above.

The defendants denied the allegation and put the plaintiff to proof.

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The only evidence at the trial was the conveyance vesting the property in the

plaintiff and tendered by him, and the mortgage deed, tendered by the second de-

fendant. The deed was registered under the Land Instruments Registration Law.

Section

11

of this law prohibits the registration of such documents without the

necessary consent endorsed thereon or the Registrar being otherwise satisfied that

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consent has been given. Attached to the deed was a letter to the second defend-

ant stating that the Governor had approved the transaction. The trial Judge dis-

missed the claim holding that on the pleadings and the evidence available to the

court the plaintiff did not establish that the necessary approval was not obtained.

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