Just Decided Cases

CHIEF S. OWOOLA LANLEHIN VS KOLA JAMES

Legalpedia 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.


CLICK HERE TO READ FULL JUDGMENT

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