HEAD OF FEDERAL MILITARY GOVERNMENT V. THE PUBLIC SERVICE COMMISSION OF MID-WEST STATE & ANOR
August 9, 2025FAR EAST MERCANTILE CO. LTD V. JACKIE PHILLIPS PHOTOS LTD
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 13411
In the Supreme Court of Nigeria
Fri Nov 15, 1974
Suit Number: SC. 314/1973
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
MADAM B. O. SHOBOGUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants challenged the decision of the registrar of titles which dismissed the objection to the registration of the respondents to the title to the land in dispute on the ground that the proceedings were presided over by a magistrate and that the respondents as administrators were not competent to be so registered.
HELD
The court held that the issue of jurisdiction and competency ought to have been raised at the trial court and that an administrator may be registered.
ISSUES
Whether the proceedings before the registrar of titles was not a nullity.
RATIONES DECIDENDI
REQUIREMENTS OF REGISTRATION OF TITLES ACT
Section 37(2) of the Registration of Titles Act provides that, on the death of the sole registered owner who is entitled to the land for his own benefit, his administrator is entitled to be registered as owner. It seems to us that the same ought to be true of unregistered land
JURISDICTION OF REGISTRAR OF TITLES
Both the issue of jurisdiction of the Senior Magistrate acting as Registrar and of the competency of the applicant to apply for registration should have been raised specifically at the trial so that the appellant might have been given an opportunity to know the case he has to meet. Per Elias CJN
CASES CITED
STATUTES REFERRED TO
Registration of Titles Act
Administration (Real Estate) Act, Cap. 2 of the Laws of the Federation and Lagos
