LAWAL
V.
G.B OLLIVANT NIGERIA LTD

(1972) JELR 44396 (SC)

Supreme Court · SC.290/1971 · 24 Mar 1972 · Nigeria
·

Other Citations

(1972) All N.L.R 211 (1972) 3 S.C. 120

CORAM

IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

plaintiff

defendants

western state court of appeal

case

learned trial judge

statement of claim

appeal

lands registry

2nd february

illiterate person

paragraphs

trial

presence of a magistrate

federal supreme court

judgment of the western state court of appeal

matter of law

number of grounds

suit no.

26th october

basis of the said mortgage

beneficial owner of the property

better appreciation of the issue

companies act

date of the execution of the deed

exhibit a

high court

judgment of the western state of court appeal

land instrument registration law

laws of the western state

leading judgment

number of issues

objection of the learned counsel

only live issue of fact

opening of the case

order of the high court of ibadan

provisions of the land instruments registration law

purported registration of the deed of conveyance

purpose of this appeal

rejected document

statement of defence of material relevance

state of affairs

such registration

terms of his claim

time of execution of the mortgage

trial of the case

trial of this action

udo udoma

wrong decision

UDO UDOMA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal reversing the judgment and order of the High Court of Ibadan (Aguda, J.) ,wherein the plaintiff, herein appellant, was granted a declaration in terms of his claim against the defendants, now respondents.

The plaintiff instituted in the High Court, Ibadan, suit No. 1/57/68 claiming against the defendants as endorsed on his writ of summons:

"A declaration that the purported registration of the deed of Conveyance dated 2nd February, 1961, and registered as No. 6 at page 6 in Volume 430 of the Register of Deeds kept in the Lands Registry at Ibadan is illegal and null and void and of no effect."

Pleadings having been ordered were duly filed and delivered. Having regard to the complaints of the appellants in this appeal and since a number of issues would appear to have been settled on the pleadings, for the better appreciation of the issue in controversy between the …

LAWAL V. G.B OLLIVANT NIGERIA LTD

LAWAL
V.
G.B OLLIVANT NIGERIA LTD