FRANCIS TETE LAWSON & ORS VS THE STATE
August 8, 2025ATTORNEY-GENERAL EAST-CENTRAL STATE & ANOR VS GODFREY UGWUH
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 35111
In the Supreme Court of Nigeria
Thu Jun 5, 1975
Suit Number: SC. 181/1974
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
OGUNDARE, JUSTICE, SUPREME COURT
IKEGHI FRANCIS OGBUAGU JUSTICE, SUPREME COURT
PARTIES
G.F. OYEDELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents were described as the objectors to the application of the appellant to be registered as the proprietor of the freehold estate in property
HELD
The Supreme Court held that the order for the registration of the 2nd objector as the proprietress of the freehold interest in the land in dispute be set aside and ordered that the application of the 2nd objector to be registered as the proprietress of the land in dispute should be dismissed.
ISSUES
Whether the applicant is entitled to be registered as the owner of the whole or part of the land claimed.
RATIONES DECIDENDI
DEFENCE OF LONG POSSESSION, ACQUIESCENCE AND LIMITATION ACT
“We have no doubt whatsoever that long possession, acquiescence and even the Limitation Act are weapons of defence and not of offence except where in the case of a registered land and/or registered owner of land, these are prescribed to be available to assert or effect a claim of title as postulated by Sections 38, 52(h) and 62 of the Registration of Titles Act. We are of course unable to subscribe to any views which seek to give these weapons the character of anything but of defences.” Per COKER, JSC.
PURPOSE OF REGISTRATION OF TITLES ACT
“Unless an applicant comes within the purview of the provisions of Section 6 of the Registration of Titles Act, it is idle to expect to be entitled to registration in accordance with the Act. The Registration of Titles Act does not create new tenures or new ways of land-holding. The purpose of the Act is to ensure protection to the quality and the quantity of the land in respect of which a proprietor is registered and in order to do this effectively it must and it does stipulate conditions under which such a registration could be effected.” Per COKER, JSC.
CASES CITED
Da Costa v. Ikomi (1968) 1 All NLR 394, at page 398
Ayodele v. Olumide (1969) 1 All NLR 233
STATUTES REFERRED TO
Registration of Titles Act
