ONASHILE V. BARCLAYS BANK D C 0

• Pages: 247-251

ONASHILE V. BARCLAYS BANK

D.G.O.



241

ONASHILE V. BARCLAYS BANK D.C.O.

5

S. T. ONASHILE

V

10 BARCLAYS BANK D.C.O.

SUPREME COURT OF NIGERIA

TAYLOR,



J.S.C.

BAIRAMIAN,



J.S.C.

15



MORGAN,



Ag. J.S.C.

30th October, 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 71/1962

Legislation - Registration of Titles Act, S.5 and first proviso

20



Land Law - Registration of Title - Extension of period allowed for applying for

registration - Previous judgment that mortgage became void as a conveyance

of the legal estate.

ISSUES:

25



1. Whether failure to register a conveyance within two months under s.5 of the

Registration of Titles Act automatically renders the conveyance void.

2. Whether a court will grant a mortgagee more time to apply for registration of

the mortgage where a previous court judgment has declared the mortgage void

for non-compliance with s.5.

30

FACTS:

Briefly, s.5 of the Registration of Titles Act (quoted in the judgment to the ex-

tent needed) provides that a conveyance of a fee simple in land executed after the

creation of a registration district shall become void as a grant of the legal estate

after two months (or the period to which the two months may be extended) if the

35



grantee does not in the meantime apply to be registered as the owner.

After the Federal Supreme Court had decided that a mortgage given by 0, the

present appellant, to the Bank had become void as a conveyance of the legal es-

tate for want of registration, the High Court made an order in the Bank's favour ex-

tending the period for applying for registration.

40

HELD:

1.

The period of two months allowed for applying for registration of a conveyance

of a fee simple estate may be extended before or after they are up; and if

extension is granted, the total period available for applying is one continuous

period. Such a conveyance does not become automatically void when the two

45



months are up.

2.

When, however, there is a judgment that a mortgage became void as a

conveyance of the legal estate by reason of failure to apply for registration

within the prescribed two months, there is no longer a conveyance of a legal

estate which the mortgage can apply to have registered, and an extension of

50



the time within which to apply can no longer be ordered.

Chief F.R.A. Williams, Q.C. (with him Mrs. Solanke)

for the appellant.

V.A. Kushimo

for the respondent.