CORAM
LEWIS JUSTICE, SUPREME COURT
MADARIKA JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
NURUDEEN ADIO OLUFUNMISE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st to the 3rd Defendants are executors and trustees of the estate of T. A . Labinjo ( now deceased) sold one of the two properties under the will to the 4th defendant who later registered the title to the property. The plaintiffs who were minor at the time of the deceased death instituted this action upon discovery of the purported sale to the 4th defendant, seeking the relief that the name of the 4th defendant be expunged from the register and replaced with their own names.
HELD
The court held that non participation of the 1st to 3rd appellant in the trial and the failure of the 4th appellant to adduce sufficient evidence in his defence as a bonafide purchaser of the estate for value, the defence of the appellants claims for title cannot stand.
ISSUES
Whether the Plaintiffs having successfully rested their case on allegation of fraud and breach of trust successfully substantiated this allegations by proving them as required by law.
Whether the learned trial Judge wrongfully dealt with the effect of the provisions of Sections 53 and 54 of the Registration of Titles Act (Chapter 181) on the defence of the 4th defendant/appellant.
RATIONES DECIDENDI
FAILURE BY DEFENDANT TO ADDUCE EVIDENCE IN SUPPORT OF HIS DEFENCE
Where a defendant fail to adduce evidence in support of his defence as set out in the statement of defence, the court will be left with no other option than to accept the evidence adduced by the plaintiff . PER MADAIKAN JSC
CASES CITED
STATUTES REFERRED TO
Registration of Titles Act