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ANTHONY ARUNA BRAIMAH V. ALHAJA NIMOTA ABIOLA ABEGBE ABASI & Anor.

(1998) JELR 45645 (SC)

Supreme Court  •  SC.122/1992  •  9 Oct 1998  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMANUEL OBIOMA OGWUEGBU JSC;

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): This matter has a chequered history. The action commenced on 14th December 1976 when the plaintiff Alhaja Nimota Abiola Abegbe Abasi (who is now respondent in this appeal) issued a writ of summons in the High Court of Lagos State claiming from Anthony Aruna Braimah (now appellant) and the Registrar of Titles, as 1st and 2nd defendants respectively:-

''1. Declaration that the deed of transfer dated 31st October, 1967 of her property registered as title No. MO 6008 to Alhaja Ayisatu Adenike Majekodunmi is void for fraud the signature of Nimota Abiola Abegbe Abasi thereto having been forged.

2. Declaration that the further deed of transfer dated 29th August, 1968 to Anthony Aruna Braimah is void as Alhaja Ayisatu Adenike Majekondunmi had no title to transfer.

3. Rectification of the register of titles by expunging therefrom, the name of the first defendant as proprietor of the said land reinstating instead the plaintiff's name, alter…

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