United Investments Limited V. The Registrar of Titles, Lagos State & Ors (2016)

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SIDI DAUDA BAGE, J.C.A. 

This is an Appeal against the ruling of the Lagos High Court Coram Alogba J. delivered on 18th day of October, 2007. The Appellant filed its Notice of Appeal against the ruling of the Trial Court on the 27th day of November, 2007. The Notice of Appeal was dated 20th day of November, 2007.

An application had been made by United Investment Limited, with the Registrar of Titles as Defendant, for an order that the proprietorship Register of Title No. LO 7049/8223 being Plot 299 in Akin-Olugbade Street Victoria Island be rectified by deleting the name of Chief Frederick Rotimi Alade Williams and substituting therefore the name of United Investment Limited as the registered owner.

The High Court Coram Honourable Justice A. A. Alabi had earlier heard the application and on the 28th of November 2006 ruled as follows:

?I am satisfied that Chief Frederick Rotimi Alade Williams (SAN) now deceased during his life time always acknowledged that the beneficial ownership of the property comprised in the Title No. LO 7049/8223 is vested in the United Investment Limited

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the Applicant herein.

I am also satisfied that pursuant to Section 61(1) (c) of the Registration of Titles Law there is need and justification to rectify the proprietorship register.

Accordingly, it is hereby ordered that the proprietorship register of the above-mentioned Title No. LO 7049/8223 being plot 299 in Akin-Olugbade Street, Victoria Island, Lagos be rectified by deleting the name of Chief Frederick Rotimi Alade Williams and substituting therefore the name of United Investment Limited as the registered owner and proprietor of the said Land together with the buildings thereon.

An amended motion dated 25th June 2007 was filed on behalf of Chief Ladi Williams SAN and Mr. Kayode Williams seeking to be joined in the action, and by the same motion they also prayed the Court to join Mrs. Abimbola Williams SAN, Mr. T. E. Williams SAN and Mr. Folarin Rotimi Abiola Williams in the matter. Messrs. Ladi and Kayode Williams asked for several other reliefs. (See Pages 352 – 354 of the Record).

?United Investment Limited, the Applicant filed a Notice of Preliminary Objection to the application filed on behalf of Messrs. Ladi and Kayode Williams.

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(See pages 95 to 106 of the Record). On the 18th day of October the High Court Coram Alogba J. delivered a ruling allowing the application of Messrs. Ladi and Kayode Williams in part, granting them leave to join in the suit as 2nd and 3rd Respondents, and setting aside the Order of Rectification made in the case by ADE-ALABI, CJ.

In the circumstances of the matter herein, the ruling of the Court below and in the light of the Notice of Appeal, it is the submission of the Appellant Learned Counsel that the following questions arise for determination in this Appeal.