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G.A. ODENEYE V.OYEYIPO ALAKATA

(1977) JELR 47892 (SC)

Supreme Court  •  SC.442/1975  •  15 Apr 1977  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC;

Appearances
Chief Obafemi Awolowo, (with him, Mr. O. Awoniyi) For Appellant G.O.K. Ajayi, Esq.(with him, Miss Mary Bassey) For Respondent

Judgement

A. O. OBASEKI, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Lagos State (Bakare, J.) given on appeal from the Acting Deputy Registrar of Titles (Mr. Olusola Thomas) who dismissed the objection of the appellant to an application for first registration of property at Denton Street, Ebute Metta under title No. M08390 and ordered the registration of the respondent as owner of the freehold estate in fee simple in the property.

The facts which formed the basis of the proceedings are as follows:

The Oloto Chieftaincy family originally owned absolutely under native law and custom the parcel of land referred to in the proceeding as the land in dispute which we will hereafter refer to as the land in respect of which the respondent applied to be registered owner. The Oloto Chieftaincy family on the 5th day of July, 1969 gave receipt Exhibit 'C' for 50pounds paid by the respondent as price of this piece or parcel of land (the family) sold to t…

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