JESSE GEORGE VS THE STATE
August 15, 2025OGUMOLA OJO VS THE STATE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 81116
In the Supreme Court of Nigeria
Fri Jan 12, 1973
Suit Number: SC. 304/1971
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
BELLO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
MOHAMOUD J. LABABEDI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed to be a purchaser for value without notice of the defect in the title of the person from whom he purchased the land in dispute without evidence to that effect. At the time of the said purchase, there had been a caution placed on the land by the respondent who got right to use the land in satisfaction of the judgment of the court against the owner.
HELD
The court dismissed the appeal
ISSUES
Whether the learned trial judge was right in refusing the appellants claim as a bona fide purchaser for value under the Registration of Titles Act.
RATIONES DECIDENDI
WHETHER PRODUCTION OF LAND CERTIFICATE IS A CONCLUSIVE PROOF OF BONA FIDE PURCHASER FOR VALUE
In order to invoke Section 53 of the Registration of Titles Act successfully, a plaintiff must prove that he is a purchaser for value of the registered land in question….the mere production of the land certificate, could not be regarded as conclusive that he was a purchaser for value- Elias J.S.C.
WHETHER SECTION 53 OF THE REGISTRATION OF TITLES ACT VALIDATES SPURIOUS TRANSFERS
Section 53 of the Registration of Titles Act, which has an organic relation to Section 61(3), was not designed as an engine of fraud for the validation of spurious transfers of registered land – Elias J.S.C.
WHETHER FRAUD OR FORGERY VITIATES THE TITLE OF A SUBSEQUENT REGISTERED OWNER
It is incorrect to assume that fraud or forgery can under Section 53 of the Act vitiate only the title of the first registered owner and not that of a second or subsequent registered owner- Elias J.S.C.
CASES CITED
Phillips v. Ogundipe (1967) 1 All NLR 258 CMCMCMCM
STATUTES REFERRED TO
The Registration of Titles Act
