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M. J. Eka-Eteh v. Nigerian Housing Development Society Ltd and Anor

(1973) JELR 33769 (SC)

Supreme Court  •  SC.326/1970  •  8 Jun 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

D. IBEKWE, AG. JSC (Delivering the Leading judgment): In his claim before the Ikeja High Court in Suit IK/201/64, the plaintiff M. J. Eka-Eteh (now appellant) claimed by his amended writ of summons as follows:

"An order setting aside the sale of the plaintiff's property at No.3 Eka-Eteh Street, Ikate, Mushin by the 1st defendants to the 2nd defendant on the ground of fraud, irregularity, non-compliance with the provisions of the Property and Conveyancing Law and that the purported sale was not made in good faith. In the alternative the plaintiff claims from the 1st defendant the sum of 10,000 pounds being damages for wrongful sale by the 1st defendant of his property to the 2nd defendant."

It is common ground that the plaintiff was the owner of the property situate at No.2 Eka-Eteh Street, Mushin. In consideration of Property and Conveyancing Law 2,500 pounds advanced to him by the 1st defendant in September, 1962, the plaintiff mortgaged the said property to the 1st defendant (now 1s…

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