CaseLaw
Ojo V. Adejobi (2004) CLR 5( ) (SC)
Judgement delivered on May 7th 2004
Brief
Facts
The appellants were the defendants in the High Court of Lagos State and the respondents the plaintiffs to 13 the suiThe plaintiff who instituted an action for trespass to land and an injunction, which claimed ownership of the land on the basis of a grant to him made by Oloto Chief-taincy Family evidenced by a Deed of Conveyance dated 27th November 1943 registered as No. 49 page 49 Volume 635 of the Land Registry, Lagos, which was tendered and admitted in evidence without objection. His case having been dis-missed in the High Court he appealed to the Supreme Court. In the course of the hearing of the appeal the Supreme Court discovered that the Deed of Conveyance was a photocopy of a supposed copy of the Deed of Conveyance written in long hand by one person and signed by nobody, the names of a number of people, supposedly the signatories, having been inserted with the prefix "Sgd." written against their names. The appellant's counsel conceded that the document was in-admissible and title could not be based on it. He submitted that no objection was raised to the document in the High Court and therefore the point could not be taken up on appeal. Alternately, he pleaded that the Supreme Court, in the interest of justice, should get the original of the Deed of Conveyance, which he said was avail-able.t claiming: