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