(1974) JELR 44447 (SC)    

Supreme Court  ·  SC.312/1972 ·  28 Nov 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 856 (1974) 11 S.C. 40
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
registration of titles act
learned trial judge
first registered owner
land certificate
registered owner
david adefuyi thomas
declaration of title
exhibit b3
names of the defendant
purported reconveyance of the property
common ancestor
common ground
contravention of the provisions of section
deed of reconveyance
favour of the plaintiffs
following observation
further acts of trespass
good title
high court of lagos state
immediate predecessor
indenture of mortgage
j. t. nelson caulcrick
j.t. nelson caulcrick
land registry
law of david adefuyi thomas
leading judgment
legitimate children
mary fanny oladamade ajibabi dekalu
mr. adekunle dekalu
parcel of land
particular case
portion of a larger piece of land
preponderance of evidence
provision of section
reason of the fact
rectification of the register
rectification of the register of titles
register of deeds
said land
subsequent sale of the property
title of the owner
title of the plaintiffs
validity of the mortgage transaction
views of the defence
virtue of a void land certificate

ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of Lambo, J., in the High Court of Lagos State which was given in favour of the plaintiffs/respondents against the defendant/appellant for a declaration of title in fee simple to all that piece or parcel of land situate lying and being at 136, Griffith Street, Ebute-Metta, damages for trespass and an injunction restraining the defendant/appellant, his servants and or agents from committing further acts of trespass to the said land; there was also granted an order for rectification of the Register of Titles by removing therefore the names of the defendant/appellant and his predecessors in title as registered proprietors and substituting therefore the names of the plaintiffs/respondents.

The plaintiffs' case is that the land in dispute formed a portion of a larger piece of land granted to one David Adefuyi Thomas on January 11, 1905 and registered as No. 27 at p. 53 of Vol. 46 of the Register of Deeds k…

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