DR. MICHAEL EMUAKPOR ABEKE V. BARRISTER A.A. ODUNSI & ANOR.
(2013) JELR 35912 (SC)
Supreme Court
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SC.35/2003
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24 May 2013
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Nigeria
Coram
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;
NWALI SYLVESTER NGWUTA JSC;
OLUKAYODE ARIWOOLA JSC;
CLARA BATA OGUNBIYI JSC;
STANLEY SHENKO ALAGOA JSC;
Appearances
Osahom Idemudia, Esq. For Appellant
A.A. Odunsi Esq. For Respondent
Judgement
<p><strong>OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment):</strong> This appeal is against the decision of the Lagos Division of the Court of Appeal, hereinafter called, the court below. The appellant herein was the plaintiff at the trial High Court of Lagos State while the respondents were the defendants. The appellant had claimed at the High Court, the following reliefs:</p><p> "1. An order of possession of that property known, addressed and described as No.4 Oyewunmi Close, Surulere, Lagos, which property is presently being held over and detained by the defendants in this suit.</p><p> 2. An order directing the defendants to pay the sum of N600,000 (six hundred thousand naira) as mesne profits on the said property in dispute from the 1st of April, 1992 to the 1st of April, 1996 at the rate of N150,000.00 per annum and thereafter at the said rate pro rata up to and after the judgment of this court until vacant possession is granted."</p><p> The facts of this case are as follows: The appellant had purchased the pr…</p>