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PATRICK OSSAI V VICTOR OSSAI NWAJIDE & ANOR

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PATRICK OSSAI V VICTOR OSSAI NWAJIDE & ANOR

Legalpedia Citation: (1975) Legalpedia (SC) 91823

In the Supreme Court of Nigeria

Fri Apr 18, 1975

Suit Number: SC. 416/1974

CORAM


TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

ADEMOLA, JUSTICE, SUPREME COURT (Lead Judgment)


PARTIES


PATRICK OSSAI APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Plaintiffs entered into a Deed of Lease for 21 years in 1960 for two shops owned by the defendant but did not register it until 1971. They paid rents until when they had to leave because of the Civil war. After the war, they approached the defendant to re-occupy the two shops but the latter demanded arrears of rent as well as the cost of repairs to the damaged shop. The Plaintiffs asked for time to pay the arrears and requested that they be allowed to re-occupy the two shops. Their request was refused by the Defendant so they brought an action against him.


HELD


The Court held that there was no triable issue before the learned trial judge as the Exhibit (Deed of Lease) had not been duly registered when the pleadings were filed.


ISSUES


Whether the exhibit could not be pleaded nor given in evidence until it had been registered


RATIONES DECIDENDI


EFFECT OF AN UNREGISTERED DEED OF LEASE


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CASES CITED



STATUTES REFERRED TO


Land Instruments Registration Law


CLICK HERE TO READ FULL JUDGMENT

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