LEGAL PRINCIPLE: LAND LAW – Registration of Titles – Challenge to Registered Title – Need for Rectification of Register
PRINCIPLE STATEMENT
A registered title can only be successfully challenged through rectification of the register in accordance with the relevant statutory provisions.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at p. 20; Paras A–B.
"There is no way the defendants can successfully challenge the title of the plaintiff short of the rectification of the register in accordance with sections 60 and 61 of the law, Since that was not the case, the title of the plaintiff in respect of plots 89, 91 and 93 remains indefeasible."
EXPLANATION / SCOPE
A registered title can only be challenged through rectification of the register under the relevant statutory provisions (e.g., sections 60 and 61 of the Registration of Titles Law). Without rectification, the registered title remains indefeasible. Mere allegations of defect in the underlying transaction are insufficient. The challenger must prove fraud or a statutory ground for rectification. The court cannot set aside a registered title without following the statutory process. The principle protects the integrity of the register. The registered owner’s title is secure unless and until the register is rectified. The burden is on the challenger to initiate rectification proceedings and prove the required grounds. The register is conclusive.