EMEKA OSONDU & ANOR V. AJAMA NDUKA & ORS
August 5, 2025S.D. LAR VS STIRLING ASTALDI (NIGERIA) LTD
August 5, 2025Legalpedia Citation: (1978-01) Legalpedia (SC) 16691
In the Supreme Court of Nigeria
Fri Jan 13, 1978
Suit Number: SC. 120/1976
CORAM
SIR D.A.R. ALEXANDER, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
J.B. ATUNRASE
APPELLANTS
THE REGISTRAR OF TITLES
RESPONDENTS
AREA(S) OF LAW
LAND LAW – POSSESSION – REGISTRATION OF TITLES LAW
SUMMARY OF FACTS
The appellant purchased the land in dispute from the original owners of the land. The 2nd respondent claimed to have purchased from the same person but when he realised that the land he purchased did not form part of the land in dispute, he amended his defence to plead long possession and laches without evidence of possession.
HELD
The court allowed the appeal.
ISSUES
Whether the appellant, who sued the respondents in the lower court is entitled to a declaration of title and therefore a rectification of register of title No. MO 5964, in spite of the plea of long possession, laches, acquiescence and undue delay which the learned trial Judge allowed the defendant to raise after the close of plaintiffs case
RATIONES DECIDENDI
EFFECT OF NON COMPLIANCE WITH SECTION 8 OF REGISTRATION OF TITLES ACT
Once it is found that Section 8 of the Registration of Titles Act was not complied with before a land certificate was issued, then of course under Section 61 of the Act under the register must be rectified accordingly- Sowemimo J.S.C
CASES CITED
Not Available
STATUTES REFERRED TO
The Registration of Titles Act
