CORAM
S.M.A. BELGORE JUSTICE, SUPREME COURT
WALI, JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
Y.O. ADIO JUSTICE, SUPREME COURT
A.I. IGUH JUSTICE, SUPREME COURT
PARTIES
EDOKPOLO & CO. LTD.
APPELLANTS
SAMSON OHENHEN
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE TO LAND
SUMMARY OF FACTS
The appellant/plaintiff, in the High Court, instituted an action against the 1st respondent and the father of the 2nd respondent. The father of the 2nd respondent died before the commencement of the hearing of the case and, the 2nd respondent was substituted as the 2nd respondent. The appellant’s claimed a Declaration of title to the piece or parcel of land, General damages, and perpetual injunction restraining the 1st defendant and his servants or agents from erecting permanent structure on the land. The learned trial judge, after consideration of some of the evidence led by the parties and of the submissions made by their counsel, entered judgment for the appellant. Dissatisfied with the judgment, the respondents lodged an appeal against it to the Court of Appeal. The court below allowed the appeal. The appellant was dissatisfied with the judgment of the court below and lodged an appeal against it to the Supreme Court.
HELD
The appeal failed. The judgment of the court below was affirmed.
ISSUES
1. Whether the court of Appeal was right in holding that Exhibit ‘9’ complied with the provisions of the Land Instruments Registration Law, Cap.81 of the Laws of Bendel State, 1976.
2. Whether the Court of Appeal was right in raising and basing its judgment on an issue not raised by either party.
3. Whether the Court of Appeal was right in giving legal effects to Exhibit ‘9’ in the circumstances of this case.
RATIONES DECIDENDI
THE PARTIES MUST BE GIVEN AN OPPORTUNITY TO ARGUE AN ISSUE RAISED BY THE COURT
“If a court raises an issue, which the parties themselves have not raised, because it is material for the determination of the case or appeal before it, the parties must be given an opportunity to argue the point before the issue is determined.” Per ADIO, JSC
AN UNREGISTERED INSTRUMENT IS NOT ADMISSIBLE
“Where an instrument requiring registration under the Land Instruments Registration Law is not executed before a designated authority, it is not admissible.” Per ADIO, JSC
THE COURT SHOULD NOT BE USED FOR PERPETRATING INJUSTICE
“The court should not allow itself through technicalities to be used for perpetrating injustice.” Per ADIO, JSC
CASES CITED
Ejowhomu v. Edok-Eter Mandilas Ltd., (1986) 5 NWLR (Pt. 39) 1
Djukpan v. Orovuyevbe, (1967) 1 All NLR 134; (1967) NMLR 287 at p. 291
Highgrade Maritime Services Ltd. v. First Bank (Nig.) Ltd., (1991) 1 NWLR (Pt. 167) 290
STATUTES REFERRED TO