CaseLaw
Ojugbele V. Olasoji (1982) CLR 4(b) (SC)
Judgement delivered on April 2nd 1982
Brief
Facts
The respondent's (plaintiff's) case was that Bashiru Babatunde Owe by virtue of a power of attorney, granted to him by Ayinke Banjoko Aro, the only surviving child of Aro-Omo-Oba (who was acknowledged by both parties to the dispute as the original owner of the land) leased the land in dispute to one F.O. Amadi in 1963. On the 8th of May 1972 the aforesaid Ayinke Banjoko Aro revoked the power of attorney. Meanwhile in 1964 the lessee Amadi with the consent of the Aro Omo-Oba family had sold his leasehold interest to the respondent. The respondent took immediate possession and in 1967 while in pos¬session got an approved plan for a building in respect of the land and he pro¬ceeded to erect a foundation thereupon. The appellant, without respondent's permission, in 1969 trespassed upon the land. This he repeated again in 1972 when this case had been in court.
The trial judge in his judgment found that the conveyance made by Babatunde Owe to the appellant was in excess of the power conferred upon him by the power of attorney. The grant made to the appellant in 1966 was then declared void while the 1972 grant to the respondent was declared valid.
The trial judge in his judgment found that the conveyance made by Babatunde Owe to the appellant was in excess of the power conferred upon him by the power of attorney. The grant made to the appellant in 1966 was then declared void while the 1972 grant to the respondent was declared valid.
The Court of Appeal also held in favour of the respondent.
Issues
Whether a land instrument registered after commencement of action can be...