Equity (20)
HELD:
"Another issue that nagged the appellant's lawyer is whether there was a valid transfer by the 1st appellant's property No.28 Efunsoju Street, Aiyegbami Sagamu in the absence of a valid deed of transfer complying with the Lands Instruments preparation Law of Ogun State.
HELD:
"Another issue that nagged the appellant's lawyer is whether there was a valid transfer by the 1st appellant's property No.28 Efunsoju Street, Aiyegbami Sagamu in the absence of a valid deed of transfer complying with the Lands Instruments preparation Law of Ogun State.
HELD:
"And no one shall be allowed to benefit from his own wrong doing; the Maxim is 'EX TURPI CAUSA NON ORITUR ACTIO' ... It is true that Section I of the Limitation Edict 1988 of Rivers State forbids the bringing of an action in court for the recovery of land after the expiration of ten years from the date in which the right of action accrued to him". THE ADMINISTRTORS/EXECUTORS OF THE ESTATE OF GEN. SANI ABACHA (DECEASED) V. SAMUEL DAVID EKE-SPIFF & ORS.(2009) LPELR-3152(SC)Per Aderemi, JSC. (P. 44-45, paras. C-A)
FACTS:
"I find it pertinent here to ask in the interest of equity and good conscience, howbeit that the Appellant who has willy-nilly refused (and with no lawful excuse) to perform a contract he has willingly signed and deliberately held the Respondent to ransom by refusing to pay up without word of his loss of interest or otherwise to the Respondent, be made to benefit from his breach.
"In construing that paragraph V (i) of Exhibit 7, the learned trial judge referring to equity and interest of justice stated that the parties envisaged that the contract may not be concluded and that it was their intention that the appellant should be reimbursed. The directing stance of the Court below is like, not so fast, as equity and interest of justice must also be to the respondent as well hence the statement of the Court below thus:
"..it is however, trite law that a purchaser of land who has paid and taken possession of the land by virtue of the unregistered registrable instrument has thereby acquired an equitable interest that can only be defeated by a purchaser of the land for value without notice of prior equity." Per AGUBE, J.C.A. (P 95,Paras D-E) ALHAJI MOHAMMED ABUBAKAR v. MRS. ELIZABETH MOSES ANOBIH & ANOR(2013) LPELR-20856(CA)