ONASHILE V. IDOWU & ORS

• Pages: 171-173

ONASHILE V. IDOWU &

ORS.

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171

ONASHILE V. IDOWU & ORS.

5

S.T. ONASHILE

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APPELLANT

V

10 SULE SALAMI IDOWU

ASANISALAMI IDOWU

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RESPONDENTS

BARCLAYS BANK D.C.O.

SUIT NO. FSC 6/1961

FEDERAL SUPREME COURT.

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BRETT,

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F.J.

UNSWORTH,

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F.J.

TAYLOR,

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F.J.

15th June, 1961.

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Land Law - Registration of Title - Legal Mortgage on Lands - Conwuismry first

registration - Effect of failure to register Mortgage - Sale of Lands by mortgagee

under power conferred by Conveyancing Act, 1881 - Not exercisable as

mortgage no longer valid - Registration of Titles Ordinance, Cap. 181, Secs. 3,

5, 6, 48(1).

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ISSUES:

1.

What is the effect of an unregistered mortgage of unregistered lands within a

Registration District.

2.

Whether a purported sale by a Bank under the power of the Conveyancing Act

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of an unregistered Mortgage, could convey a legal estate.

FACTS:

The appellant, who was the Defendant in the High Court, mortgaged to the Bank

certain unregistered Lands situate in a Registration District. The Bank did not reg-

ister the mortgage as a First Registration under the Registration of Titles Ordinance

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Cap. 181. Later the Bank sold the lands to the 1st and 2nd Respondents under the

power of sale conferred by the Conveyancing Act, 1881.

In the High Court, the Appellant contended (1) that the mortgage should have

been registerd as a first registration under section 5 of the Registration of Titles

Ordinance since it was a conveyance of the fee simple estate in the lands.

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The High Court held that section 5 did not apply to a mortgage; that the mort-

gage was therefore valid and that, therefore, the exercise of the power conferred

by the Conveyancing Act,. 1881, conveyed the legal fee simple estate to the 1st

and 2nd Respondents. The Court made orders for possession, mesne profits and

costs. The appellant appealed.

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HELD:

1.

The mortgage, being an absolute conveyance of the fee simple of unregistered

lands within a Registration District for a money consideration, came within the

requirements of section 5 and the mortgagee should have registered as owner

of the lands on First Registration under the Registration of Titles Ordinance,

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within two months after the date of execution of the mortgage.

2.

Note having been so registered within the statutory period this mortgage

became void in so far as it purported to convey the legal estate to the Bank.