ONASHILE V. BARCLAYS BANK D.C.O.

BAIRAMIAN, J.S.C. (delivering the judgement of the Court):- This appeal by Mr Onashile requires a short summary of the events which led to it.

Mr Onashile gave Barclays Bank a legal mortgage of some land of his, to secure his overdraft. The Bank did not apply to have the legal estate registered under the Registration of Titles Act. He was remiss in repaying, and in due course the Bank, exercising a mortgagee's power of sale, sold and conveyed the mortgaged land to two purchasers, but Mr. Onashile refused to let them have possession. He sued claiming that the Bank's omission to apply for registration of title made the transfer of the legal estate void; the purchasers and the Bank sued for possession; and the suits were consolidated. The attitude of the Bank was that a legal mortgage was not caught in section 5 of the Registration of Titles Act.

The High Court of Lagos decided in favour of the Bank and ordered possession. The Federal Supreme Court allowed Mr Onashile's appeal; the judge…