A. ARIORI AND ORS v. MURAINO B.O. ELEMO AND ORS.
July 24, 2025ONYEMA OKE & ORS V AMOS EKE & ORS
July 24, 2025Legalpedia Citation: (1982) Legalpedia (SC) 63019
In the Supreme Court of Nigeria
Fri Dec 10, 1982
Suit Number: SC. 33/1982
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
PARTIES
GANIYU KALE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Emmanuel Iyiola Omiteru told Mr. Ekundayo Olusegun Coker to get building plots of land from the Oshodi chieftaincy family. On the request being made by Coker, the family allocated two plots at Oshodi, Emmanuel Iyiola Omiteru. Omiteru and Coker met the family they agreed and he took possession. Later, the defendant/appellant engaged labourers to uproot respondents structure.
HELD
The Court held that the appeal has failed in its entirety and I hereby dismiss it with costs to the respondent
ISSUES
NONE
RATIONES DECIDENDI
MEANING OF INSTRUMENT
1. “Instrument under that law is defined in Section 2 to mean “a document affecting land in the Lagos State, whereby one party (hereinafter called the grantor) confers, transfers, limits, charges, or extinguishes in favour of another party (hereinafter called the grantee) any right or title to, or interest in land in the Lagos State, and includes a certificate of purchase and a power of attorney under which any instrument may be executed but does not include a will.” Obaseki, JSC.
CASES CITED
. Olukale v. Alade (1976) 2 S.C. 183
2. Abdul Hamed Ojo v. Primate E. O. Adejobi & Others (1978) 3 S.C. 65
3. Fakoya v St. Pauls Church, Shagamu (1966) 1 All NLR page 74
4. Yaya v. Mogoga (1947) 12 WACA 132
5. Elkali v. Fawaz (1940) 6 WACA 212
6. Mogo Chinwendu v. Nwanegbo Mbamali & Anor. (1980) 3-4 S.C. 31 at 75
7. Lamai v. Orbih (1980) 5-7 S.C. 28
8. Ukpe Ibodo v. Enarofia & Ors. (1980) 5 S.C. 42 at 44
9. Victor Woluchem v. Simon Gudi (1981) 5 S.C. 319 at 326-330.
10. Akpene v. Barclays Bank of Nigeria Ltd. & Anor. (1977) 1 S.C.1
STATUTES REFERRED TO
Land Instruments Registration Law Cap. 64 Laws of Lagos State
