DE FACTO BAKERIES & CATERING LTD VS MRS A. AJILORE & ANOR
August 9, 2025ARMELS TRANSPORT LTD V. TRANSCO (NIG.) LIMITED
August 9, 2025Legalpedia Citation: (1974) Legalpedia (SC) 80763
In the Supreme Court of Nigeria
Thu Nov 28, 1974
Suit Number: SC. 312/1972
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
UDO UDOMA, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
MUSHUD O. BADA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff and defendant claim title to land by a common ancestor. The Plaintiff brought the suit against the defendant for the defendants name to be struck out of the Register of titles because the defendant Predecessors had by a sale conveyed title to the predecessors of the Plaintiff. The defendant however, alleges that legal title could not pass to the Plaintiff via the purported sale because the land in dispute had already been mortgaged.
HELD
The appeal failed and was dismissed. Judgement of the lower court was affirmed.
ISSUES
Whether the learned trial Judge erred in law in failing to observe that the Appellants being registered owners are vested by law with estate in fee simple and accordingly the claim for declaration of title, trespass and injunction are misconceived and are not claims which the court ought to have entertained or have power to grant.
Whether the leaned trial judge erred in law in holding that the defendants title is void when a purchaser of land registered under the Registration of Titles Act is not required to inquire into any evidence of title other than those specified in Section 31 of the Act aforesaid.
RATIONES DECIDENDI
REGISTERATION OF TITLES
” It cannot be too strongly emphasised that proof of fraud or forgery is fatal to any claim that a plaintiff may seek to establish under Section 53, no matter at what stage this is shown to have occurred in the chain of transactions leading to the plaintiffs dealing in registered land- Per T.O ELIAS, CJN
REGISTRATION OF TITLES
REGISTRATION OF TITLES
“in order to invoke Section 53 of the Registration of Titles Act successfully, a plaintiff must prove that he is a purchaser for value of the registered land in question..”- Per T.O ELIAS, CJN
CASES CITED
Mohammed Lababedi v. Lagos Metal Industries Ltd. (1973) 1 S.C. 1
STATUTES REFERRED TO
Registration of Titles Act
