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PAULINA A. DANIEL & ANOR V. A. A. IROERI

(1985) JELR 42533 (SC)

Supreme Court  •  SC.4/1984  •  3 May 1985  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMADU LAWAL UWAIS JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC;

Judgement

D. O. COKER, J.S.C. (Delivering the leading judgment): This appeal is concerned with the estate of late John Saint Matthew Daniel. The land, subject-matter of the proceedings is situate at Ibitoye Street, Ilupeju, in the Mushin District of Lagos State. The two parties in the dispute claim to derive title from his Estate. The Plaintiff's (now the Respondent) case was that the land was part of the land granted to one Victor Olayiwola Saint Matthew Daniel by virtue of an Agreement between the Administrator-General and the children of the deceased and which "forms part of the portion appropriated to and vested in him". The statement of claim averred that by a registered deed of conveyance dated 4th March, 1961 the land was sold and conveyed to one Babington Adeniyi Haashrup, who sold it to the plaintiff by virtue of another deed of conveyance dated 11th July, 1966. It alleges that since 1953 he had been in possession and had erected a building on it In accordance with the building plan ap…

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