CORAM

MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

P. NNAEMEKA-AGU, JUSTICE, SUPREME COURT

UDOMA

PARTIES

MRS. S.A. KAREEMMRS. S.A. ALAFIAMR. BAYO VAUGHAN (the beneficiaries of the late Madam Nimota Ajike) APPELLANTS

DAVID O. OGUNDE MICHAEL O. ODENEYE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants were the plaintiffs in this action instituted in the High Court, Lagos against the defendant and claims for injunction and damages etc

HELD

That when the action was commenced against them, the defendants had no title derived from the Oloto Family and to that extent their title as well was defective.

ISSUES

Whether the Court can grant the rectification of the Register of Titles asked for in favour of the Plaintiff? Whether the Learnt Trial Judge was right when he held that the Plaintiff failed to prove the native law and custom?

RATIONES DECIDENDI

CASES CITED

Alhaji Fasasi Adesheye v J.C. Shiwoniku (1952) 14 WACA 86|Catherine Mary Sogunre Davies vDisu Sogunre & Ors. (1929) 9 NLR 79|Caulerick v Elizabeth Harding & Anor. (1926) 7 NLR 48|Chief Oloto v Dawuda & Ors. (1904) 1 NLR 57)|Coker v Animashaun (1960) LLR 71|Ebun Ogunmefun v Oluremi Ogunmefun & Ors. (1931) 10 NLR 82|Lewis v Bankole (1908) 1 NLR 81|Miller Bros. v. Abudu Ayeni, etc. (1924) 5 NLR 42

STATUTES REFERRED TO

The Registration of Titles Act, Cap. 181|

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