Chief Oladipupo Akanniolumuyiwa Willlams, San V. Registrar of Titles, Lagos State & Ors (2016)

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SIDI DAUDA BAGE, J.C.A. 

This Cross-Appeal dated 15th March, 2011 was filed on 15/3/2011 by the 2nd Respondent Chief Ladi Williams against his siblings who were in fact not parties to the action in the Lower Court.

It was stated in the Brief of Argument of the Cross-Appellant that on Tuesday, 18th October, 2007 the Honourable Justice K. O. Alogba delivered his Ruling in the matter which was attached to the record at p.377. In the said ruling, the Court made the following findings which gave rise to this Cross-Appeal.

I must caution that all the interested parties in this case being of an enviable pedigree and themselves personally eminent person, should not have thrown caution to the winds.

I have found no evidence of fraud or deliberate manipulation, misrepresentation and/or suppression of fact in the proceedings leading to the Order of Rectification just set aside.

I agree more with the position that though they would be mistaken in their interpretation of the powers given to them to take steps to pass the legal title in the property to any purchaser, when Tokunbo and Folarin in the belief that the

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beneficial interest in the property was in UIL, (which position Ladi and Kayode then apparently agreed with) proceeded to get the register rectified to read UIL?s names as proprietor, they were only taking steps to carry the steps given to them to see that UIL, transferred title in the property to any eventual purchasers.

If they had transferred the property to their own names, or that of any entity in which Ladi and Kayode were not interested then their motive could begin to be question.

Rather they got the transfer to UIL in which all four of them are Shareholders.

This is a family matter, I shall therefore only say that based on the Affidavit evidence before me, I jettison the prayer of the Appellants for joinder, that findings of improper conduct or fraud be made against the three parties sought to be joined.

The Learned Counsel for the Cross-Appellant submitted that the issues for determination in this application are as follows:

1. Whether the Court was right to rule that there was no evidence of fraud or deliberate manipulation misrepresentation and/or suppression of facts in the proceedings leading to the order of

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