Incorporated Trustees Of Kuramo Development Trust V. Attorney-general Of Lagos State & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

R.C. AGBO, J.C.A.: (Delivering the Leading Judgment)

The appellant was the complainant in suit no. LD/490/04 at the High Court of Lagos State in which suit the appellant claimed of the respondents now defendants in the amended statement of claim paragraph 21 as follows:

“21(a) A declaration that the deed of assignment dated 19th December, 2002 made between the Kuramo Development Trust and Mobil Oil Nigeria Plc in respect of a piece or parcel of land comprising of portions of Plots 6, 7 and 8 in Block 1 of Oniru Family Private Layout TPAO 987, Victoria Island Extension, Lagos State, more particularly described and delineated in the survey plan No. LAT/355/LA/98 dated 2nd October, 1998 is registrable under the Lands Instruments Registration Law (Cap.111 Laws of Lagos State of Nigeria 1994) and under no other law;

(b) A declaration that the registration fee inclusive of any late registration charges payable in respect of the aforesaid deed of assignment dated 19th December, 2002 made between the Kuramo Development Trust and Mobil Oil Nigeria Plc is the sum of N40.33 (forty naira and thirty three kobo only);

(c) An order that the sum of N1,047,709.67 (One million and forty seven thousand, seven hundred and nine naira and sixty seven kobo only) or any other sum found by this Honourable court to have been paid by the claimants to Lagos State Government in excess of the appropriate registration fee, inclusive of any late registration charges payable on the aforesaid deed of assignment dated 19th December, 2002 made between the Kuramo Development Trust and Mobil Oil Nigeria Plc be refunded to the claimants by Lagos State Government;

(d) An order directing the 2nd defendant to forthwith accept and register the aforesaid deed of assignment dated 19th December, 2002;

(e) Costs.”

Pleadings were filed and exchanged. The complainant in accordance with the extant rules filed the deposition of one witness. The defendants filed the deposition of one witness. The complainant called his one witness who was cross-examined by the defendants and closed his case. The defendants also called their one witness who was cross-examined by the complainant and thereafter closed their case. The parties exchanged written addresses. In a considered judgment the trial Judge found that the claimant’s case lacked merit and dismissed it. Not satisfied with the judgment the complainant filed this appeal.

The grounds of appeal are as follows:

“(i) The learned trial judge erred in law in holding that the Registered Land Law is applicable to all lands in Lagos State and that it therefore applies to exhibit ‘A’;

(ii) The learned trial judge erred in law in holding that the registration fee payable on exhibit A is N1,048,050.00;

(iii) The learned trial judge erred in law in applying the Registered Land Law, the Land Instrument Registration Law and the Registration of Titles Law of Lagos State, to exhibit ‘A’;

(iv) The decision of the learned trial judge was against the weight of evidence”.

From the four grounds of appeal, the appellant distilled in its Appellant’s Brief of Argument two issues for determination to wit: