Background
The appellants, children of Festus Olanipekun Ilori (deceased), challenged the assignment of their late father's property in Lagos State to the 1st respondent, alleging forgery of signatures and invalid Governor's consent obtained post-transaction in violation of the Land Use Act. The property consisted of 14 flats and a vacant plot. The High Court initially ruled in favor of the appellants, but the Court of Appeal reversed this judgment, prompting the Supreme Court appeal.
Issues
- Whether the Court of Appeal correctly set aside the High Court judgment that found no sale by the deceased of the property to the 1st respondent, noting the burden of proof on the respondent.
- Whether the onus of proof was properly discharged regarding the signing of the Deed of Assignment by the deceased.
- Whether the Deed's due execution required attestation.
- Whether the transaction contravened sections 22 and 26 of the Land Use Act due to Governor's consent issues.
- Whether the appellants were entitled to the declaratory reliefs sought.
Ratio Decidendi
The Supreme Court held that:
- A claimant for declaratory relief must succeed on the strength of their own case, not on the weakness of the defense.
- The appellants imputed forgery (a criminal allegation) and thus bore the burden to prove it beyond reasonable doubt, which they failed to do.
- A deed of assignment requires no attestation to be valid.
- There is a rebuttable presumption of regularity in the registration of a document under section 168(1) of the Evidence Act, 2011, applicable here.
- Section 22(1) of the Land Use Act does not prohibit negotiation or entry into an agreement subject to Governor’s consent; the consent was lawfully obtained after notification of the deceased's death.
- Failure of the deceased to obtain the Governor's consent before death does not invalidate the transaction, especially as the deceased accepted consideration and benefitted. The estate cannot use the lack of consent to nullify the agreement.
Court Findings
The court found that the lower court wrongly shifted the burden to the respondent to prove genuineness of the deed signature, whereas the appellants who alleged forgery bore that responsibility and failed to discharge it. The Deed of Assignment was valid despite lack of attestation. The Governor’s consent was properly obtained, reinforced by lawful registration. The appellants could not invalidate the transaction on grounds of procedural irregularity as the deceased benefitted financially and the transaction was legally formalized.
Conclusion
The Supreme Court dismissed the appeal, affirming the Court of Appeal's judgement setting aside the High Court’s ruling. The appellants failed to prove their entitlement to the declaratory reliefs and to rebut the presumption of validity of registered documents. The transaction was upheld as lawful and binding despite the procedural critiques.
Significance
This decision clarifies the evidential burdens in civil disputes alleging forgery, underscores the legal effect of deeds of assignment without attestation, confirms the rebuttable presumption of regular registration, and affirms that failure to obtain Governor’s consent before a property transaction—or subsequent estate challenge—does not void such agreements if the transferor benefited. It reinforces principles to prevent abuse of land law provisions and protects registered interests in property transactions in Nigeria.