Ratio Decidendi


(1973) JELR 46143 (SC)    

Supreme Court  ·  SC.304/1971 ·  12 Jan 1973 ·  Nigeria
Other Citations
(1973) All N.L.R 1 (1973) 1 S.C. 1
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st defendant
learned trial judge
suit no. ld
2nd defendant
exhibit c
mr. ogunsanya
piece of land
provisions of section
registrar of titles
lagos high court
mr. ojomo
registration of titles act cap
statement of claim
subsequent registered owner of the land
support of his averments
1st defendants
akanji lagunju
bonafide purchaser
certificate of title no. mo
clear case
counsels address
declaration of title
effect of this section
exhibit j
following facts
given moment
important issues
judgment shows
land registry
leading judgment
material facts
mr. a. a. ogunsanya
name of the 1st defendants
name of the plaintiffs
present appeal
present case
protection of section
purported dispositions
purported transfer of the property
question of law
records of proceedings
registered owners
registered proprietor
registration of the 1st defendants title
registration of titles act of the piece
relevant paragraphs of the defence
respect of the land
said piece of land
validity of the purported sale of the said property

T. O. ELIAS, CJN (Delivering the Leading Judgment): In Suit No. LD/217/69 in the Lagos High Court, judgment was given by Sowemimo, J., against the defendants, who are appellants in the present appeal. The present respondents as the plaintiffs had instituted the action against the appellants claiming against them as follows:

1. For a declaration of title in fee simple to the piece of land known as plot 30 in sub-area 3 of the Lagos Central Planning Scheme, 1951, situated at Gbajumo Street, Lagos, or in the alternative for a declaration that the plaintiffs are entitled to estate interest or right to the said piece of land.

2. For an order directing the Registrar of Titles to rectify the Register kept at the Land Registry, Lagos, by expunging the name of the 1st defendants therefore and inserting the name of the plaintiffs as the registered owners.

3. For an order directing that the 1st defendants do surrender to the 2nd defendant for cancellation and/or destruction the Certificate of…

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