MICHAEL KOLAWOLE VS PEZZANI ALBERTO
July 17, 2025PETER CHINWEZE & ANOR VS VERONICA MASI (MRS.) & ANOR
July 17, 2025Legalpedia Citation: (1989-01) Legalpedia 26981 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Jan 27, 1989
Suit Number: SC 188/1987
CORAM
OBASEKI, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
AGBAJE, JUSTICE SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
PARTIES
SAVANNAH BANK OF NIGERIA LTD
DAVID B. ONI-ORISAN
APPELLANTS
AMMEL O. AJILO
AMMELS PHOTO INDUSTRIES LIMITED
RESPONDENTS
AREA(S) OF LAW
THE LAND USE ACT – GOVERNOR’S CONSENT – INTERPRETATION OF LAW
SUMMARY OF FACTS
The 1st plaintiff, a deemed grantee of land, instituted action to set aside a deed of mortgage of his house to the 1st defendant on the ground of lack of consent of the Governor.
HELD
The court held that the mortgage was void for failure to obtain the Governor’s consent and that section 22 of the Land Use Act applied also to a deemed grant.
ISSUES
Whether the 1st respondent required the written consent or consent in writing previously obtained to mortgage his property called the mortgaged property to the 1st appellant having regard to the fact that the property was vested in the 1st respondent before the commencement of the Land Use Act, 1978 and by virtue of section 34(2) of the Act the 1st respondent continues to hold the land as if he is the holder of a statutory right of occupancy issued by the Military Governor under the Land Use Act
RATIONES DECIDENDI
WHETHER SECTION 22 OF THE LAND USE ACT APPLIES TO A DEEMED GRANT
A deemed grant under the Land Use Act is a grant by operation of law. An actual grant is a grant made by the activities of the Military Governor under the Land Use Act. Both the actual and the deemed grants being grants the deemed grants being regarded by the law as if made by the Military Governor also become subject to legal controls as if granted by the Military Governor – Obaseki, J.S.C
CONSTRUCTION OF STATUTES
A statute should not be given a construction that will defeat its purpose. To exclude a holder of a deemed grant of statutory right of occupancy, the interpretation would defeat the purpose of the Act particularly the provision of section 22 – Obaseki, J.S.C
CASES CITED
Nokes v. Doncaster Amalgamated Collieries Ltd. (1940) AC 1014
Lincoln College (1595) 3 Co. Rep 586 at p.596
Canada Sugar Refining Co. Ltd. v R (1898) AC 735
STATUTES REFERRED TO
The Land Use Act
