In this case, the plaintiff brought this suit against the defendant for a declaration that the plaintiff’s title over the suit land was valid.

The disputed issues where, whether the defendant had jurisdiction to cancel the plaintiff’s certificate of title?

Whether the title deed could be impeached where no fraud was pleaded against the plaintiff?

What remedies were available to the parties?

Counsel for the plaintiff submitted that the commissioner had no powers to cancel the plaintiff’s title in the absence of fraud. The plaintiff testified that it purchased the suit property after conducting a search in the land registry and found that the land was in the names of the vendor.

The defendant in his defense averred that there was no cause of action against it. That the special certificate of title that was issued to the plaintiff was issued in error, and that being a government entity, it could not be sued.