BONIFACE PETERS VS. THE STATE
July 10, 2025FIRST AFRICAN TRUST BANK VS BASIL O. EZEGBU
July 10, 2025Legalpedia Citation: (1992) Legalpedia (SC) 37673
In the Supreme Court of Nigeria
Fri Dec 4, 1992
Suit Number: SC. 77/1988
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT
UCHE OMO, JUSTICE, SUPREME COURT
PARTIES
1. CEDRIC MOSS2. MRS ELSA BISHOP3. DENNIS MOSS4. MISS THELMA MOSS5. MICHAEL MOSS6. MRS DOROTHEA MOSS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 3rd defendant, as Public Trustee of a property, executed a deed in favour of the 1st defendant. The property was devised for 30 years with an option to renew for a second term of 10 years. The Plaintiffs filed an action to attack the lease and sought a declaration that the lease was a nullity
HELD
The Supreme Court held that the Public Trustee had no locus whatsoever to execute the lease as it constituted a very serious defect to the document, and makes it unarguably a nullity.
ISSUES
Whether the lease is a nullity because the deed was executed by the Public Trustee and not by the Administrator-GeneralWhether it will be inequitable for the court to declare the lease a nullity because the beneficiaries received and shared rents paid by the 1st defendant under the lease
RATIONES DECIDENDI
VALIDITY OF A LEASE AGREEMENT
“The fact that any or all the parties acted on an invalid document cannot make it valid.” Per OMO, J.S.C
CASES CITED
Lindsay Petroleum Co. Hurd (1874) L.R.5 P.C. 221 (239/240)Wilmot v. Barber 15 Ch.D.96
STATUTES REFERRED TO
The Administrator-General Law of Western Region (Cap.2) Laws of Western Region 1959The Public Trustee Law of the Western Region (Cap. 108) Laws of Western Region 1959
