LEGAL PRINCIPLE: LAND LAW – Competing Titles – Priority of Registered Deeds – Earlier Registration Prevails Over Later Instrument
PRINCIPLE STATEMENT
Where two competing deeds are registered, each takes effect as against the other from the date of registration and the benefit of earlier registration is preserved. In the present case, the plaintiffs deeds of title were executed and registered several years before the defendant's deed of conveyance, Exhibit J was executed and registered. The priority of the plaintiffs title deeds over Exhibit J cannot therefore be the subject of any controversy.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Kayode v. Odutola (2001) NLC-1451997(SC) at pp. 22–23; Paras A–B.
"Where two competing deeds are registered, each takes effect as against the other from the date of registration and the benefit of earlier registration is preserved. In the present case, the plaintiffs deeds of title were executed and registered several years before the defendant's deed of conveyance, Exhibit J was executed and registered. The priority of the plaintiffs title deeds over Exhibit J cannot therefore be the subject of any controversy."
EXPLANATION / SCOPE
Under the Registration of Titles laws, competing registered deeds take effect from their respective dates of registration. Earlier registration prevails over later registration. The party who registers first gains priority, regardless of execution dates. This principle protects bona fide purchasers who register promptly. The earlier registered deed takes precedence even if the later deed was executed first. The benefit of earlier registration is absolute. Priority is determined by registration date, not execution date. The party with earlier registration has superior title. This encourages prompt registration and provides certainty in land transactions. The principle applies to competing claims from different grantees of the same land.