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AYORINDE V. KUFORIJI

(2022) JELR 109186 (SC)

Supreme Court  •  SC.27/2008  •  7 Jan 2022  •  Nigeria

Coram
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC

Appearances
Chief Bankole Falade, with him, J. M. Nwadibia, Esq. For the Appellant; Oluseye Chuwkura, Esq., with him, F. K. Oyebamji, Esq. For the Respondent.

Judgement

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The undisputed fact is that on 11th September, 1954, the three Kuforiji brothers, namely: Samuel Abraham Kuforiji, Herbert Frederick Afolabi Kuforiji and Hezekiah Christopher Olajide Kuforiji, jointly and as joint owners to the exclusion of their other brothers and cousins, executed a deed of lease (Exhibit B) wherein, upon valuable consideration, demised the disputed land to the Foreign Mission Board of Southern Baptist Convention (hereinafter called the Baptist Mission) for 99 years (i.e. up to the year 2053). The Respondent, as the defendant at the trial Court, specifically admitted this fact, in the Amended Statement of Defence and the counter-claim. In paragraph thereof the defendant averred:

20. By a Lease made on 11th September, 1954 and registered as No. 9 at page 9 in volume 92 of the Lands Registry in the office at Ibadan now kept at Abeokuta the land in dispute was demised to the Baptist Mission for the term of 99 years a…

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