LEWIS, J.S.C. (Delivering the Leading Judgment)- In suit LD/56A/65 appeal was made to the Lagos High Court from a determination of the Registrar of Titles after objection that the applicant before him was not entitled to registration as the free-hold owner of certain premises at Lagos Street, Ebute Metta, and Taylor, C.J. on the 8th of December, 1965, allowed the appeal and ordered registration of the title of the applicant. Against that decision the objectors before the Registrar of Title have appealed to this Court, but the respondent, the original applicant, took a preliminary objection that the appeal was not properly before us and that this Court had no jurisdiction to determine the appeal.
The submission of Mr Awopeju, counsel for the respondent, initially was that by virtue of section 117(4) (c) of the Constitution of the Federation which reads:-
"(4) Subject to the provisions of subsections (2) and (3) of this section, an appeal shall lie from decisions of the High Court of a …