n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Omiyale V. Macaulay (2009) CLR 3(d) (SC)

Judgement delivered on March 20th 2009

Brief

  • Certificate of occupancy
  • Estoppel per rem judicata
  • Prior purchaser of land
  • Registration of instrument of title
  • Res inter alios alteri non debet

Facts

The Respondents were the Plaintiffs at the Ikeja High Court of Lagos State. They claimed against the Appellant, as the Defendant, the following reliefs:

  • 1
    A declaration that the plaintiffs are entitled to the grant of a statutory right of occupancy in respect of the plan drawn by A.O. Pedro dated 1st September, 1931 attached to the Deed of conveyance dated 20th June, 1932 registered as No.11 at page 11 in volume 340 of the Register of Deeds kept at Lagos.
  • 2
    N60,000.00 damages for trespass on the said land.
  • 3
    Injunction restraining the Defendant, her agents, servants and privies from continuing with the trespass on the said land"

The parties filed and exchanged pleadings after which the suit was tried by Desalu J. On 19-06-90, the trial Judge in his judgment dismissed the Respondents' case. He held that the evidence called by the Respondents was insufficient to entitle them to the reliefs they sought. The Respondents were dissatisfied and they brought an appeal against the judgment before the Court of Appeal, Lagos Division (hereinafter called 'the Court below'). On 23-1-97, the Court below allowed the Respondents' Appeal. Judgment was given in favour of the Respondents on their claims. The present Appellant was dissatisfied with the judgment of the Court below. He has brought this final appeal against it.

Issues

  • 1
    Whether the lower Court was right in holding that Exhibits M & ...

Read More