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SAKA ATUYEYE & ORS. V. EMMANUEL O. ASHAMU

(1987) JELR 42710 (SC)

Supreme Court  •  SC.43/1986  •  30 Jan 1987  •  Nigeria

Coram
ANTHONY NNAEMEZIE ANIAGOLU JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
Alhaji M. O. Oseni (with him Femi Alokolaro and Alaba Oseni) For Appellant Chief F.R.A. Williams, S.A.N. with him F.R.A. Williams, Jnr.) For Respondent

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): On the 4th November, 1986, after listening to both Alhaji Oseni and Chief Williams S.A.N., Counsel for the parties and having read the brief, I dismissed the plaintiffs appeal against the decision of the Court of Appeal delivered on 16th July, 1985. The lower court had set aside the judgment given in favour of the plaintiffs by Jinadu J., in the High Court of Lagos State, whereof he ordered that the deed of contract of sale between Sunmola Atuyeye, Muri Awoyemi and Fasasi Salako on the one part and the defendant, Emmanuel Oyedele Ashamu, on the other part, dated the 10th April, 1970 and registered as No.44 at page 44 in Volume 1313 of Deeds in Lagos State and another Deed of Ratification between the same parties bearing the same date and registered as No. 47 in Volume 1313 of the Register of Deeds at the Lands Registry Lagos, be set aside. He also made an order of injunction against the defendant.

The Notice of Appeal to the Court of Ap…

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