JAMES O. JEGEDE V MADAM ALIMOTU L. GIWA & 3 ORS
August 6, 2025SYLVESTER JOHNSON MAYAKI V LAGOS CITY COUNCIL CARETAKER COMMITTEE
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 83136
In the Supreme Court of Nigeria
Fri Apr 15, 1977
Suit Number: SC. 442/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
G.A. ODENEYE
APPELLANTS
OYEYIPO ALAKATA
RESPONDENTS
AREA(S) OF LAW
LAND LAW- REGISTRATION OF LAND INSTRUMENT
SUMMARY OF FACTS
The respondent advertised an application for registration of a parcel of land. The appellant objected to the registration on the ground that the survey plan showing the identity of the land sought to be registered was not attached to the deed of conveyance but was extrinsic. The objection was overruled by the registrar of titles.
HELD
The court held that extrinsic evidence to identify a piece of land sufficiently described and referred to in a deed of conveyance, lease or other document is admissible.
ISSUES
Whether the Survey Plan was admissible because though, it was made before the execution of the conveyance, it was not counter-signed by the Director of Surveys till after the execution of the conveyance.
RATIONES DECIDENDI
ADMISSIBILITY OF EXTRINSIC EVIDENCE TO IDENTIFY CONVEYED LAND
It is the law that extrinsic evidence is admissible to identify a piece of land sufficiently described and referred to in a Deed of Conveyance or Lease or other document. We are therefore in no doubt that in so far as it was necessary to ascertain and identify the land conveyed, the plan is clearly admissible. PER OBASEKI JSC
CASES CITED
1. DACOSTA V. IKOMI SC 733/66 (UNREPORTED) DELIVERED ON THE 20TH DECEMBER 1968
2. AGBOOLA V. ABIMBOLA SC 366/67 (UNREPORTED) DELIVERED ON 14TH JULY 1969
3. BANK OF NEW ZEALAND V.SAMPSON (1900) AC 182
4. GRANT V. GRANT 5 CP 727
5. OGILVIE V. FOLJAMBE (1817)3 MER 53:17 R.R 13
6. LLOYD V. RICHARD (1866) LR 1 HL 222
7. PLANT V. BOURN (1897) 2 CH 297
8. BARNARD V. DE CHARLEROY (1899) 81 LT 497 PC
STATUTES REFERRED TO
1. REGISTRATION OF TITLES ACT CAP 181, VOL 5, LAWS OF THE FEDERATION
2. EVIDENCE ACT
3. SURVEY ACT CAP 194
4. LAND REGISTRATION ACT CAP 99, VOL 4, LAWS OF THE FEDERATIONOF NIGERIA AND LAGOS
