Equitable Interest

It is settled that a purchaser, who neglects to make a thorough search of the Register is fixed with notice of rights contained in the instruments registered under the various Land Instruments Registration Laws in Nigeria; only a bona fide purchaser of a legal estate for value without notice takes priority over someone, who had acquired a prior equitable interest over the same property – see Edokpolo & Co. Ltd. V. Ohenhen (1994) 7 NWLR (Pt.358) 511.

To revoke a right of occupancy for public purpose, the letter and spirit of the law must be adhered to. The terms of revocation, as provided underSection 28 and 44 of the Land Use Act, must be strictly complied with and strict construction of the provision made. See Bello V. Diocesan Synod of Lagos (1973) 3 SC 131. I therefore fully endorse the view of my Lord Belgore JSC (as he then was) in Kyari v Ganaram (Supra), and the view expressed by Ogundare, JSC in Nigerian Engineering Works Ltd V. Denap Ltd(Supra). In Olukoya V. Ashiru (2006) ALL FWLR (Pt.322) 1479 at 1514 Paras. E H, this Court held that an equitable owner in possession cannot be overridden by a subsequent grantee of a legal estate. This is what my brother Ogbuagu, JSC, who read the lead judgment said:-
"As rightly submitted in the Respondent's brief at page 8, the Jalingo Local Government having lawfully granted the land in dispute to the respondent, in 1981, it was left with nothing to grant to the Appellant subsequently in 1983 during the subsistence of the grant to the respondent... so that, if there is proof that money was paid for the land coupled with an entry into possession it is sufficient, to defeat the title of a subsequent purchaser of the legal estate, if and provided that the possession, is continuously maintained...
Thus, if even it is coupled with possession, it cannot be overridden by a legal estate." See Ogbu & 4 Ors v Ani & 4 Ors (1994) 78 SCNJ (Pt. II) 363; Sore Mekun V. Shodipo (1959) LLR 30; Orsanmi V. Idowu (1959) 4 FSC 40; Oshodi V. Balogun & Ors (1936) 4 WACA 1.