➥ CASE SUMMARY OF:
J. D. Owumi v. Paterson Zochonis & Co (NIG.) LTD.(SC.99/1972, Friday the 25th day of October 1974)
by Branham Chima (LL.B.)
➥ SUBJECT MATTER(S)
Registration of deed in prescribed form.
➥ CASE FACT/HISTORY
In Suit No. LD/659/70 delivered by Lambo, J., in the High Court of Lagos State on May 24, 1971, the plaintiff’s claim was dismissed. The plaintiff’s claim against the defendants were for:- (i) a declaration that the deed dated 24th September, 1969 and made between Chief Joseph Modupe Johnson of the one part and the defendants of the other part confers no estate on the defendants in or over the land registered under Title No. L0 5243; (ii) an order that the Register kept at the Lands Registry pursuant to the Registration of Titles Act be rectified by deleting therefrom any entry made to give effect to any estate purported to be vested in the defendants by virtue of the deed aforesaid.
➥ ISSUE(S)
I. Whether the deed of sub-lease not executed in the form prescribed by the Registration of Titles Act and was therefore invalid in law?
➥ RESOLUTION(S) OF ISSUES
[APPEAL ALLOWED]
↪️ ISSUE 1: IN APPELLANT’S FAVOUR.
[‘We think that the substance of this appeal can be and is effectively disposed of by the foregoing considerations regarding the proper interpretation of Section 14 (1) of the Registration of Titles Act. Cap. 181 vis-a-vis Ex. A, the deed of sub-lease in question. We are of the view that the deed is void. In the result, we allow the appeal and set aside the judgment of Lambo, J., in Suit No. LD/649/70 delivered on May 24, 1971, at the Lagos High Court, including the order as to costs. We accordingly make the following orders: (1) That a declaration be made that the deed Ex. A dated September 24, 1969, and made between Chief Joseph Modupe Johnson and the Paterson Zochonics & Co. (Nigeria) Ltd. in respect of the land registered under Title No. LO 5243 is void and of no effect whatsoever. (2) That the Register kept at the Lands Registry pursuant to the Registration of Titles Act be rectified by deleting therefrom any entry made to give effect to any estate purported to be vested in the respondents by virtue of the deed aforesaid in (1) above; and (3) That (1) and (2) above shall be the judgment of the court. We assess costs in the court below at N84 and at N100 in this court to be paid by the respondents to the appellant.’]
.
.
.
✓ DECISION:
‘’
➥ FURTHER DICTA:
⦿
➥ LEAD JUDGEMENT DELIVERED BY:
Elias, CJN.
➥ APPEARANCES
⦿ FOR THE APPELLANT(S)
Mr. Balogun.
⦿ FOR THE RESPONDENT(S)
Mr. Araoye.
➥ MISCELLANEOUS POINTS
➥ REFERENCED (LEGISLATION)
➥ REFERENCED (CASE)
➥ REFERENCED (OTHERS)
