AMUZU v OKLIKAH [1997 – 98] GLR 89 - 143

Land registration-Registration-Agreement for sale of land-Whether "instrument" within section 36 of Act I22-Whether appellant's contract for sale of land registrable instrument under section 24(1) of Act 12­Land Registry Act, 1962 (Act 122), ss 24(1) and 36.

Practice and procedure-Pleadings-Fraud-Mode of pleading fraud­ - Failure of appellant to plead respondent's fraud in acquiring land already purchased by appellant from vendor-No objection by respondent to appellant's evidence- Whether court to find fraud against respondent even though not pleaded by appellant-Evidence Decree, 1975 (NRCD 323), ss 5, 6 and II-High Court (Civil Procedure) Rules, 1954 (LN I40A), Order 19, rr 6 and 16.