Land Instrument

• Pages: 619-620

LAND INSTRUMENTS

(1) DEED OF CONVEYANCE

1301. Is the date of execution of a deed material?

“As regard the date of 29th February, 1978 which was said to be the date of execu-

tion of the Deed of Conveyance, I am of the opinion that it does not derogate from

the registration and evidence before the Court. What is more, mistakes regarding

dates are not uncommon. The date a document was duly executed does not make the

document irregular or defective.” – Per Katsina-Alu, J.C.A. in Oboro v. R.S.H. &

P.D.A. Suit No. CA/PH/59/95; (1997) 9 N.W.L.R. (Pt. 521) 425 at 440.

(2) REGISTRABLE INSTRUMENTS

1302. Effect of registration of a registrable instrument.

“I came now to the last point. Can Exhibit ‘J’ cancel or revoke the appellant’s interest

in the property in dispute? Can Exhibit ‘J’ revoke Exhibit ‘C’? Exhibit’ C’ is the Deed

of Conveyance by which the appellant acquired title over the property, Exhibit ‘C’ is

a registrable instrument and it was duly registered in accordance with S. 15 of the

Lands Instrument Registration Law of Eastern Region 1963. The effect of such

registration is that the party registering acquires a good title until a superior title is

produced. See S. 48 of Registration of Titles Cap. 114 Laws of Eastern Region

1963.” – Per Katsina-Alu, J.C.A. in Oboro v. R.S.H. & P.D.A. Suit No. CA/PH/59/

95; (1997) 9 N.W.L.R. (Pt. 521) 425 at 443 - 444.

1303. How a certificate or right of occupancy can be validly revoked.

“It must therefore be revoked by the method laid down under S. 28 of the Land Use

Act especially sub-Sections (4) and (6) which read thus: “28(4) The Military Gover-

nor shall revoke a right of occupancy in the event of the issue of a notice by or on

behalf of the Head of the Federal Military Government if such notice declares such

land to be required by the Government for public purpose. (6). The revocation of a

right of occupancy shall be signified under the hand of a public officer duly authorized

in that behalf by the Military Governor and notice therefore shall be given to the

holder.” The plaintiff/appellant alleged in his pleadings that by serving exhibit’J’ on

him, the 1st respondent thereby purported to have cancelled his deed of Conveyance

Exhibit ‘C’. The 1st respondent admitted same. D.W.1 testified under cross-exami-

nation that: - ‘Exhibit ‘J’ is the letter by which the plaintiff’s title was revoked…”

Surely, this is not a valid revocation of a document deemed to be a Certificate of

Occupancy under S. 34 of the Land Use Act Cap. 202 Laws of the Federation of

Nigeria 1990. As I have already indicated the proper mode of revocation and or

cancellation of a right of occupancy is as laid down by S. 28(4) and (6).” – Per

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Deed of conveyance Para1301-1303