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Mrs. Adebimpe Balogun & ANOR V. Agbara Estates Limited

(2007) JELR 33381 (CA)

Court of Appeal  •  CA/I/157/2002  •  3 Jul 2007  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; AMINA ADAMU AUGIE JCA; ALFRED PEARSON EYEWUNI AWALA JCA;

Judgement

Augie, J.C.A (Delivering the Leading Judgment): The Appellants were the proposed Administrators for the Estate of late Mr. Francis Olarewaju Balogun, who died intestate in Lagos on the 18th of October 1995, and who was a Sub-lessee of the Respondent in respect of property at No, 2 Kainji Close, Agbara Estate, which was registered as No. 55 at Page 55 in Volume 420 at the Ogun State Lands Registry, Abeokuta. The Respondent issued a "Notice of Re-Entry and Forfeiture of Subleases" in the Guardian Newspaper of Monday the 27th of August 2001, and the 4th paragraph reads-

We hereby give notice that we have this day re-entered the leased land and taken possession thereof pursuant to Clause 4 of the respective subleases. The terms granted in the respective subleases have thereby been forfeited". (Underlining mine)

Although their application for Letters of Administration was being processed at the Probate Registry in Lagos, the Appellants took out a Writ of Summons dated 5th September 2001 at…

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