OREDOLA V. A.G. KWARA STATE & ANOR

• Pages: 1-12

OREDOLA

V. A.G.

KWARA STATE & ANOR

1

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OREDOLA V. A.G. KWARA STATE & ANOR

OREDOLA OKEYA TRADING COY

APPELLANT

V.

0

1.

A.G., KWARA STATE

2.

NATIONAL OIL & CHEMICAL

RESPONDENTS

MARKETING CO. LTD.

APPEAL No. SC. 204/1988.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,

J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,

J.S.C.

OLATAWURA,

J.S.C.

OMO,

J.S.C.

OGUNDARE,

J.S.C.

OGWUEGBU,

J.S.C.

?.5

14th September, 1992.

Appeal -

Grounds of appeal - Not properly evaluated by court - Effect of the error on

judgment.

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Evidence -

Unregistered registrable document whether inadmissible in evidence.

Land Law -

Instrument - What is - Registrable Instrument - What constitutes - Effect of

non registration on admissibility of document - Customary right of occupancy -

Alienation of - whether requirement of consent of commissioner under sec. 27 Land

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Tenure Law is applicable - Where consent not obtained - Effect as to title - Equitable

interest secured and not a legal title.

Words and Phrases -

Native - Meaning of - Non-native - Who is.

ISSUES:

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1.

What is the meaning of native and non-native under the Land Tenure Law?

2.

What is the test of validity of any transaction relating to any land subject to

customary right of occupancy in Kwara State?

3.

Whether non-registration of a document which qualifies as an instrument under

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the land registration law of northern Nigeria renders it inadmissible in evidence?

FACTS:

The plaintiff, a limited liability company bought from the Galadima family a piece

or parcel of land situate at Galadima village opposite the Ilorin Airport. Sometime

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in 1978, the Government of Kwara State allocated a piece of land to the 2nd

respondent for commercial purpose. The parcel of land was part of the said parcel

of land which the Galadima family of Ilorin had granted to the appellant.

The 2nd respondent constructed a petrol station on the land allocated to him.

As a result the appellant filed an action in the High Court of Kwara State, Ilorin

Judicial Division claiming declarations that the purported grant made to the 2nd