CORAM

S.O. UWAIFO, JUSTICE, SUPREME COURT

PARTIES

INSPECTOR KAYODE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant is laying claim to title to a land in Ibadan which the Respondent had earlier purchased and register the deed of conveyance, his defence is premised on equitable defences of laches and acquiescence.

HELD

Registration of a deed of conveyance constitute a valid notice to the world, therefore, in the circumstance the appellant is not entitled to title claim over the land in dispute and equitable defences could not avail him to prop up title claim to a land with his own defective title deed.

ISSUES

Whether the learned Justices of the Court of Appeal were right when they held that the registration of deed of conveyance was a notice to the appellant.Whether the learned Justices of the Court of Appeal were justified in making use of evidence elicited from cross-examination particularly when such facts were not pleadedWhether the plea of laches, acquiescence etc. were not available to the appellant when the lower court had found that the plea was made out.Whether the learned Justices of the Court of Appeal were right in holding that the appellant relied only on exhibit J when he in fact pleaded in paragraph 7 of his amended statement of defence the equitable defences of laches, acquiescence etc.

RATIONES DECIDENDI

FRAUD IS A BASIS FOR LOSS OF A LEGAL RIGHT

A man is not to be deprived of his legal rights unless he acted in such a way as would make it fraudulent for him to set up claims as to the rights.-Per Onu JSC

CASES CITED

Karimu Ayinla v. Sifawu Sijuwola (1984) 5 SC. 44 at pages 72-73Kaiyaoja & Ors. v. Lasisi Egunla [1974] ALL NLR 913,Tiamiyu Dania v. Yesufu Soyenu (1937) 13 NLR 143.

STATUTES REFERRED TO

NONE

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