MABINUORI & ORS
V.
OGUNLOYE

(1970) JELR 45169 (SC)    

Supreme Court  ·  SC.202/1967 ·  6 Feb 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 17
CORAM
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
supreme court
section
court
legislation
appellants
constitution of the federation
decisions of the high court of a territory
following cases
force
law
preliminary objection
right of appeal
constitution
leave of the high court
objectors
provision of section
provisions of subsections
registration of titles act
respondent
appeals
applicant
civil cases
counsel
criminal proceedings
decision
decisions
determination of the registrar of titles
doubt
ebute metta
free-hold owner of certain premises
high court
lagos high court
lagos street
laws of the federation of nigeria
lewis
mr. augusto
mr. awopeju
objection
original applicant
original submission
registration
registration of the title of the applicant
requirement
short constitutional point
submission
submission of mr awopeju
such time
taylor
virtue of section

LEWIS, J.S.C. (Delivering the Leading Judgment)- In suit LD/56A/65 appeal was made to the Lagos High Court from a determination of the Registrar of Titles after objection that the applicant before him was not entitled to registration as the free-hold owner of certain premises at Lagos Street, Ebute Metta, and Taylor, C.J. on the 8th of December, 1965, allowed the appeal and ordered registration of the title of the applicant. Against that decision the objectors before the Registrar of Title have appealed to this Court, but the respondent, the original applicant, took a preliminary objection that the appeal was not properly before us and that this Court had no jurisdiction to determine the appeal.

The submission of Mr Awopeju, counsel for the respondent, initially was that by virtue of section 117(4) (c) of the Constitution of the Federation which reads:-

"(4) Subject to the provisions of subsections (2) and (3) of this section, an appeal shall lie from decisions of the High Court of a …

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