OJUGBELE V. OLASOJI

• Pages: 65-69

OJUGBELE V. OLASOJI

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"(3) The summary procedure by summons provided in the Public Lands

Acquisition Ordinance does not preclude the determination of a dispute

on ownership in an action begun by writ of summons: that Ordinance

did not intend that summary procedure to be exclusive and to oust the

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normal procedure."

and came to the conclusion that by reason thereof the plaintiffs' claim for a

declaration of title was maintainable because the procedure of originating

summons provided for by the Public Lands Acquisition Ordinance did not preclude

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the normal procedure of initiating proceedings by writ of summons.

With the greatest respect to His Lordship, this is totally irrelevant. That the pro-

cedure for initiating proceedings is either by Originating Summons or by a Writ of

Summons has nothing to do with whether the action brought (by Originating Sum-

mons or Writ of Summons) is Statute-barred. The question remains: Was the ac-

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tion Statute-barred? That, I answer in the affirmative.

As I had earlier stated, it would not have been necessary for me in this judg-

ment to go beyond agreeing with he judgment first read by my learned brother,

Nnamani, J.S.C., supporting the majority judgment of the Federal Court of Appeal,

but I consider that as there was a dissenting judgment, the minority judgment

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deserved to be given special attention and shown to be clearly erroneous on its

own line of reasoning.

I would dismiss, and hereby dismiss, this appeal and affirm the majority judg-

ment of the Federal Court of Appeal, with costs to the respondent which I assess

at N300.00

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UWAIS J.S.C.: I have had the advantage of reading in draft the judgment read

by my learned brother Nnamani, J.S.C. I agree with it and for the reasons given

by him I will dismiss the appeal with order as to costs as proposed by him.

Appeal dismissed.

OJUGBELE V. OLASOJI

VICTORIA IBIDUN OJUGBELE

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APPELLANT

V

JOSEPH ORIADE OLASOJI

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RESPONDENT

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SUIT NO. SC 3

2

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981

SUPREME COURT OF NIGERIA

SOWEMIMO,

ESO,

ANIAGOLU,

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NNAMANI,

UWAIS,

2nd April, 1982

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

Land Law - Registration of instnrnzents - Whether land instrument can be

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_registered after action had been

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filed but before pleadings were ordered under

the Land Instrument Registration Law, Cap. 64 Laws of Lagos State, 1973.

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