ACTION – Whether action for declaration of title to land is confined to lex forum reisitae

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The principle as expressed by Dr Story in his book has been applied from time to time by the courts. See in this connection In re Hawthorne (1883) 23 Ch. D. 743; also Deschamps v. Miller, supra. The fact that jurisdiction over an action for declaration of title to land is confined to the lex forum reisitae does not eo ipso make the action one in rem for the judgment in such an action binds only the parties to the action and does not decide the status or the title of the land as against persons generally, and does not bind those persons who are not parties to the action. We do not think that the case of Nana Ofori Atta II, etc. v. Nana BonsraAgyei (1952) 14 W.A.C.A. 149 on which learned counsel for the 1st and 2nd respondents relied for the proposition that an action for a declaration of this type is an action in rem supports his submissions or propositions or indeed the argument which he has put forward as a bar to the jurisdiction of the High Court of Lagos. Per G. B. A. COKER, J.S.C. in NIGERIAN PORTS AUTHORITY V. PANALPINA WORLD TRANSPORT (1973-LCER-8063-SC) at P. 13, Para. B.

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