INUSA SAIDU V THE STATE
July 26, 2025FRANKLIN O. ATAKE V THE PRESIDENT OF THE FEDERATION & ANOR
July 26, 2025Legalpedia Citation: (1982) Legalpedia (SC) 69805
In the Supreme Court of Nigeria
Fri Apr 2, 1982
Suit Number: SC. 32/1981
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
VICTORIA IBIDUN OJUGBELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff leased a plot of land situate, at Aro-Omo and executed a Lease Agreement with the owner of the land, Madam Ayinke Banjoko Aro-Omo-Oba in 1962. The Defendant has without the consent or authority of the plaintiff and without any lawful excuse whatsoever, entered upon the said piece of land.
HELD
The Court held that this appeal lacks merit and was thus dismissed.
ISSUES
Having regard to all the facts in this case especially the facts on the issue of possession, should the court not have found in favour of the appellant?”
RATIONES DECIDENDI
THE POSITION OF THE LAW WITH REGARDS TO DOCUMENTS NOT REGISTERED
“It would not matter when an action was filed. Indeed it might be filed before the registration of the instrument the party intends to rely upon in proof of his case. However, when if by the time the pleadings are filed the instrument has not been registered, then it shall not be pleaded nor used in evidence.” Kayode Eso, JSC.
CASES CITED
1.Patrick Ossai v. Victor Nwajide & Anor. (1975) 4 S.C. 207
STATUTES REFERRED TO
Land Instruments Registration Law (Cap.72) of the Laws of Eastern Nigeria
