JIMOH AILERU AND OTHERS VS ADEMUOYE
August 29, 2025ADEKUNLE LAYIWOLA VS BINTU AYINKE
August 29, 2025Legalpedia Citation: (1967-11) Legalpedia 44151 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Nov 24, 1967
Suit Number: SC 210/1967
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
PARTIES
HENRY B. PHILLIPS
APPELLANTS
JOSEPH OGUNDIPE
RESPONDENTS
AREA(S) OF LAW
LAND LAW- PRACTICE AND PROCEDURE – NON- SUIT-REGISTRATION OF TITLES LAW
SUMMARY OF FACTS
The plaintiff was in possession of the land in dispute and had defended it successfully against the predecessor in title to the person who purportedly transferred land and registered the defendant under the Registration of Titles law when he himself had not been registered. The plaintiff was non- suited by the High Court.
HELD
The court held that the registration of the defendant was void and that the plaintiff was entitled to a declaration of title.
ISSUES
1 Whether the lower court was right in non- suiting the plaintiff.
2 Whether the registration of the conveyance to the defendant was valid under the Registration of titles law.
3 Whether the plaintiff ought to have been granted declaration of title.
RATIONES DECIDENDI
WHEN AN ORDER OF NON- SUIT SHOULD BE MADE
1 ‘An order of non-suit, admittedly a discretionary one, should be employed rather sparingly and only in cases in which such an order is clearly justified by the circumstances. Besides, such an order should not be made when counsel on either side has not requested it, or counsel on both sides has not been invited to address the court on the propriety of adopting such a course.’ Per Ademola C.J.N
PURPOSE OF THE REGISTRATION OF TITLES ACT
2 ‘ the Registration of Titles Act does not create new land tenures and although it is clear that one of its main purposes or objects is to ensure that at some stage an official investigation of the title had been carried out and recorded, the Act does not protect the inadequacies of such investigation.’ Per Ademola C.J.N
CASES CITED
1. Craig v. Craig (1967) N.M.L.R. 52 at p.55
2. Browne v. Dawson (1840) 113 E.R. 950
STATUTES REFERRED TO
The Registration of Titles Law
