Gafaru, Akanni V. J. A. Sijuwade (1952)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Practice and Procedure—Claim on contract—Contract admitted—Document of contract unstamped.

Facts

In the Court below, the plaintiff, who had occupied two rooms belonging to the defendant, sued the latter for damages, alleging in regard to one room that he held it from the defendant under a written agreement of lease for a specified term at a specified rent—all of which the defendant admitted in his defence.

Notice had been given by the plaintiff to the defendant to produce the agreement; the defendant produced it and the trial Judge noted that it was unstamped.

At the end of the plaintiff’s case the Judge non-suited the plaintiff on the ground that as the agreement was unstamped, he could not lead oral evidence of its contents. The plaintiff appealed. (As regards the other room the alleged sub-lease was oral, and oral evidence of it was given.)

Held

The written agreement by which the respondent (defendant below) leased one room to the appellant (plaintiff below) was admitted by the respondent in his defence, and the case could therefore have proceeded, had the respondent so chosen, without any formal tender of that agreement.

Appeal allowed: new trial ordered.