CORAM

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ADEMOLA, CHIEF JUSTICE, NIGERIA

COKER, JUSTICE, SUPREME COURT

LEWIS, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT

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PARTIES

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KARIMU MABINUORI & ORS APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellant, who opposed the registration of the premises in dispute before the registrar of titles, appealed against decision of the High Court ordering the registrar of titles to register the property without seeking leave.

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HELD

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The court held that leave was not required for the appellant to appeal and that the appeal was competent.

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ISSUES

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Whether the provision of section 98(6) of the Registration of Titles Act gives ipso facto the right of appeal to the Supreme Court or whether whilst the right of appeal is given leave is still required.

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RATIONES DECIDENDI

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APPEAL AS OF RIGHT AS PROVIDED UNDER SECTION 117 (2)(F) OF THE CONSTITUTION

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when power is given by the Constitution to make provision by legislation for cases, other than those already provided for in the Constitution, where appeal may be made to the Supreme Court we think that provision so made will be as of right under section 117(2)(f) of the Constitution of the Federation unless the contrary is specifically provided for in the legislation concerned. Per Coker J.S.C

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CASES CITED

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STATUTES REFERRED TO

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Registration of Titles Act (Cap.187 of the Laws of the Federation of Nigeria and Lagos (1958)

he Constitution of the Federation, 1963

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