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M. O. ONAYEMI VS R. O. BALOGUN

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M. O. ONAYEMI VS R. O. BALOGUN

Legalpedia Citation: (1972) Legalpedia (SC) 81881

In the Supreme Court of Nigeria

Fri Jan 21, 1972

Suit Number: SC. 109/69

CORAM


AYODOLA JUSTICE, SUPREME COURT

MADARIKAN JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT


PARTIES


M. O. ONAYEMI APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The plaintiff claims ownership of a piece of land situate at 21, Oyekan Road, Apapa, Lagos, to which the defendant also claims ownership unknown to the plaintiff.


HELD


The court held that the appeal fails and is dismissed.


ISSUES


Whether or not Exhibit “B” was properly assembled.


RATIONES DECIDENDI


STATUS OF A FORGED OR DEFECTIVE DISPOSITION


“The position in law with respect to a disposition which is either forged or defective to such an extent as to render it invalid for the purpose of effecting a transfer or vesting of the property in the person seeking to get registered.” G. B. A. COKER, JSC


PRESUMPTION OF REGULARITY


“The matter of presumption of regularity turns on that of onus and the party on whom it lies.” G. B. A. COKER, JSC


CASES CITED


Registration of Titles Act, Cap. 181

Evidence Act, Cap. 62


STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

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