ODENEYE V. SAVAGE

• Pages: 25-28

ODENEYE V. SAVAGE



25

ODENEYE V. SAVAGE

5

GABRIEL A. ODENEYE

V

10



DR. R. G. A. SAVAGE

SUPREME COURT OF NIGERIA

ADEMOLA



C.J.N.

BRETT,



J.S.C.

15



TAYLOR,



J.S.C.

28th February, 1964

APPELLANT

RESPONDENT

SUIT NO. FSC 333/1964

Land Law - Determination of true holder - Multiple sale

Root of title traced - Conveyance to appellant defective

20



Nothing for deed of ratification to ratify - Wrong use of

by Oloto family

and unauthorised

deed of ratification.

ISSUE:

1. Whether in a dispute over title to land involving a contract of sale, a deed of

conveyance will prove a better title.

25

FACTS

The appellant and respondent claimed title to a piece of land, each party trac-

ing his root of title to the Oloto Chieftaincy Family. The respondent traced his title

to the Family through two separate deeds of conveyance (dated 26th September,

1917 and 9th October, 1920) over separate portions of the land; he took effective

30



possession in 1939, successfully maintained on a ction for declaration of title and

possession against one Ojikutu i,i 1953; and to the knowledge of the family, ap-

plied for and got compensation in respect of his portion when Government ac-

quired land in the area in 1959.

The appellant stated his claim first, on a deed of conveyance dated 5th July,

35



1960 (which his counsel admitted being ineffective becuase it was unauthorised)

and second, on another deed of conveyance dated 18th August, 1960 from the

Oloto Family, the latter deed as ratification of the earlier grant contained in the

deed dated 5th July, 1960.

HELD

40



The conveyance given to the appellant was unauthorised and therefore not

valid. There was therefore nothing to ratify by way of the deed of ratification. Fur-

thermore, in contracts for sale of land, the appropriate document is not a deed of

ratification but a deed of conveyance.

45



Mr. 01u Ayoola

for the Appellant.

Mr. A.K.I. Makanju

for the Respondent.

ADEMOLA, C.J.N.

(Delivering the Judgment of the Court): This is a case of

competing for title to a piece of land at Idi-Oro, Agege Road, Yaba district, in which

50



each party to the dispute traced his root of title to the Oloto Chieftaincy family; it

is one of the many cases before the Court in which members of this Chieftaincy

family sold the same piece of laid, at different times, to different persons.