CaseLaw
Oyefeso V. Coker (1999) CLR 1(m) (CA)
Brief
Facts
The facts of the case of the respondent who was the plaintiff in the lower court are that the land in dispute forms portion of the land originally conveyed to one Bakare Osheru by Oloto chieftaincy family by a deed of conveyance dated, 18th June, 1910 and thereafter registered as No.4 at P.9 in volume 70 of the Register at Ikeja. Not long afterwards Bakare Osheru conveyed the land in dispute to one James Williams Martins under and by virtue of a deed of conveyance dated 22nd June, 1910. It was also registered. A portion of this land was sold and conveyed by the personal representatives of J.W. Martins to one Obayomi Bajomo under an order of the court. It was registered. Bajomo in turn conveyed the land to the plaintiff on 16/3/60 and the same was registered as No. 21 in volume 1154 register of deeds. The plaintiff then strove to apply to register the document under title No. 2741 acting on Registration of titles Act but this was opposed by Mr. Alimi Eyiowuawi and J. B. Atunrase "for himself and on behalf of Ademola Oluwole Opeodu". After hearing the objections, the Registrar of Titles dismissed them and ordered registrations.
There was no appeal to the High Court. However, in 1964 in a suit No. LD/498/64 Atunrase and J. O. Opeodu filed an action seeking a declaration of title. They lost up to the Supreme Court in suit No. S.C./303/67. After the Supreme Court judgment, the plaintiff resumed the application for registration but was informed, by the Registrar of Titles that a portion of that land had been registered by the defendant (now appellant) who claimed through Atunrase against whom judgment had been declared earlier in the |supreme court. The defendant's (appellant) case is that the land he acquired and in dispute forms part and parcel of a large track of land, originally belonging from time immemorial to Oloto chieftaincy family. That by a deed of conveyance of 27/9/56 and registered as No. 27 at P.27 in volume 1068 the land in dispute was conveyed to one; J.B. Atunrase who in turn conveyed to the defendant which conveyance was registered under title No. 2798. It is this case that the land Atunrase objected its registration under the title Act is different from the land in dispute.
What is discernible from the case is that both parties have common predecessor in title and there were two judgments of the Supreme Court, first one being given on December 1962 in favour of the defendant's predecessor, and the other judgment delivered on 3/6/69 in favour of the plaintiff against the defendant's predecessor. After hearing the case of the parties the court entered judgment for the plaintiff.
The appellant left dissatisfied and appealed.