JACKSON I SANYA V. M. A. O. JOHNSON
August 11, 2025CHIEF DAVID ONOTSUORAN EREKU & ORS V. MILITARY GOVERNOR, MID-WESTERN STATE OF NIGERIA & ORS
August 11, 2025Legalpedia Citation: (1974-11) Legalpedia (SC) 19013
In the Supreme Court of Nigeria
Fri Nov 1, 1974
Suit Number: SC. 216/1974
CORAM
MUHAMMED BELLO, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
ALEXANDER JUSTICE, SUPREME COURT
PARTIES
THE ESTATE OF ALHAJI N.B. SOULE (deceased) by the Administrator and Administratrices
APPELLANTS
OLUSEYE JOHNSON & COMPANY (Provisional Liquidators )…ST OBJECTOR of the Muslim Bank (W.A.) Ltd. )
THE ESTATE OF THE LATE WILLIAM ADEDOYIN II, (the Akarigbo of Ijebu Remo)..
RESPONDENTS
AREA(S) OF LAW
LANDLAW- EQUITABLE INTEREST IN LAND
SUMMARY OF FACTS
The appellants are administrators to the estate of the deceased. The deceased bought the equitable interest in a parcel of land, which land the deceased gave to the Muslim Bank (who has the defendant as Liquidators) for shares in the bank. On Liquidation of the bank, the appellant sought to register as owners of the land and was so granted after investigation based on objections raised by the defendant.
HELD
The Supreme Court that it would have been most unfair to the bank to have allowed the appellants to keep both the shares which they still have in the bank and disputed premises which their father gave in exchange for those shares and the appeal therefore fails and the decision of the lower court was upheld.
ISSUES
Whether the appellant (who have now stepped into the shoes of the late Alhaji Soule who, before his death, had sold whatever interest he had in the property to the Muslim Bank), pursuant to Section 6 (a) of the Act, are “entitled in equity to an estate in fee simple” in the said property and can therefore apply to be registered as owner of the fee simple of that property
RATIONES DECIDENDI
WHEN EQUITY WILL AID A PERSON
“a person is entitled in equity to an estate in fee simple in any land which can be registered under the act if he can show that, having regard to the surrounding circumstances, he is justly or in all fairness, so entitled.” Per T.O. ELIAS, JSC
CASES CITED
Winter Garden Theatre (London) v. Millenium Productions (1948) A.C 173 at pg 203
STATUTES REFERRED TO
Registration of Titles Act Cap 181 of the Laws of the Federation
