OKUPE M. A. VS G. O. LAJA
September 8, 2025DISTRICT OFFICER VS THE QUEEN
September 8, 2025Legalpedia Citation: (1961-03) Legalpedia 60139 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Mar 2, 1961
Suit Number: SC 79/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
ALHAJI A. A. O. DUROSHOLA
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
AGENCY- LAND LAW – LAW OF EQUITY -NOTICE-REGISTRATION OF INSTRUMENTS
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant bought the land in dispute from someone who had an equitable interest. The land was subsequently sold to the respondent from someone who acquired legal interest in the land without notice of the previous equitable interest.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant bought the land in dispute from someone who had an equitable interest. The land was subsequently sold to the respondent from someone who acquired legal interest in the land without notice of the previous equitable interest.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Who has a better title to the land in dispute?
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
PRIORITY OF LEGAL AND EQUITABLE INTEREST OVER LAND
‘where an estate is affected by an equitable interest, a subsequent purchaser for value will not be affected by that equitable interest provided he obtained the legal estate, he gave value for the property and he had no notice of the equitable interest at the time when he gave his consideration.’ Per Ademola C.J.F
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Omosanya v. Anifowoshe, 4, F.S.C. 94
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Land Registration Ordinance (Cap 99)
