LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE VS CHIEF GANI FAWEHINMI
July 22, 2025AFOLABI COKER V MORIAMO OGUNTOLA & ORS
July 22, 2025Legalpedia Citation: (1985) Legalpedia (SC) 10761
In the Supreme Court of Nigeria
Fri Jul 5, 1985
Suit Number: SC. 204/1984
CORAM
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
KARIBI-WHYTE, JUSTICE, SUPREME COURT
PARTIES
CHIEF S. OWOOLA LANLEHIN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The dispute between the appellant and respondent was for land situating off Isheri Road, Ikeja.
HELD
APPEAL DISMISSED
ISSUES
None
RATIONES DECIDENDI
EFFECT OF A STATUTE IN LAND MATTERS
“The prohibition against the admission of the plan in evidence is a statutory one, the plan was not countersigned by the Regional Director of Surveys and so is caught by section 23(1) (b) of the Survey Act. It is the duty of all courts to give effect to legislation and parties cannot by consent or acquiescence or failure to object nullify the effect of a statute.” AJEAGBO J.S.C, PER KARIBI WHYTE J.S.C
CASES CITED
STATUTES REFERRED TO
Section 23(1)(b) of the Survey Act.
