Benjamin v Kalio: reversing the law on admissibility of unregistered land instruments in Nigeria. Issue 1 (2nd January 2019)

• Record Type: Journal Article
• Authors: Ewere, Anthony Osaro
• Is Part Of: Commonwealth law bulletin. Volume 45:Issue 1(2019)
• Page Start: 164
• Page End: 185
• Publication Date: 2019-01-02
• Subjects: Law -- Commonwealth countries -- Periodicals; 349.11241
• DOI: 10.1080/03050718.2019.1690531
• Languages: English
• ISSNs: 0305-0718

Abstract

Abstract : Decades after the rule on admissibility of unregistered land instruments seemed to have been settled, the Supreme Court reversed itself in Benjamin v Kalio by revising the rule on admissibility of unregistered land documents. Benjamin's case overturned earlier decisions by establishing that unregistered land documents are admissible under the Evidence Act which regulates admissibility of evidence in Nigeria. Since 1979, 'evidence', which was formerly a residual matter, was taken to exclusive legislative list of the Constitution, apparently to cure the mischief in judicial proceedings before 1979. This made state laws that purport to regulate admissibility of evidence unconstitutional after 1979.