Sale of Land

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of High Court of Justice, Ogun State, Ota Judicial Division in Suit No HCT/147/2013 Between ALHAJI S. A. OTAPO AND (1) MR. BELLO KABIRU (2) MR. BELLO LUKMAN (3) AARTI STEEL NIGERIA LTD, delivered on the 4th day of July, 2013.

Briefly, the facts of the case are that the subject matter of this action is the property situate near Ogun State Housing Corporation Estate Ota, in the Ado Odo/Ota Local Government Area of Ogun State. The land said to be 3.124 Hectares was owned by Late Alhaji Yekinni Rafiu Bello. It is covered by certificate of occupancy dated 7/2/96 and registered as No 60 at page 60 in Vol. 522 in the Land Registry Abeokuta.

The Claimant/1st Respondent, a farmer and business-man of Iyedi Titun Osi quarters, Ota by his Writ of Summons and statement of claim filed on 11/2/2013 claimed that he bought 3 acres out of the total acreage of 7acreas from the 1st and 2nd Respondents formerly the 1st and 2nd defendants. By a sale transaction evidenced by a sale agreement dated 10/10/2005, the said sale which was filed in Court was pleaded as conferring ownership and right of possession of the land on the claimant.

It was stated that on the face of the agreement the transaction did not receive Governors consent as required by Section 22 of the Land Use Act. Also, the document though stamped, was not registered as required by Section 8 of the Land Instruments Registration Law Cap L. 53 Laws of Ogun State of Nigeria, 2006.