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GIWA V. BISIRIYU O. ERINMILOKUN

(1961) JELR 91730 (SC)

Supreme Court  •  FSC. 397/1959  •  8 Jun 1961  •  Nigeria

Coram
BRETT, JUSTICE, SUPREME COURT. TAYLOR, JUSTICE, SUPREME COURT. BAIRAMIAN, JUSTICE, SUPREME COURT

Judgement


TAYLOR, F.J.

The action, the subject matter of this appeal, was originally instituted by Liadi Giwa, Chief Aromire, for himself and on behalf of all other members of the Aromire Chieftaincy Family, claiming a declaration of title under Native Law and Custom to the property known as 20 Massey Street, Lagos, and an order for possession against the defendant/respondent.

Liadi Giwa died before the hearing of the appeal, and on the 17th day of May, 1961, an order was made by this Court, on an application filed on behalf of one Yesufu Abiodun, Chief Oniru, substituting the applicant for Liadi Giwa, and in the same capacity in which Liadi Giwa was suing. Leave was also granted the applicant to file and argue the amended grounds of appeal.

The original grounds of appeal filed with the notice of appeal were abandoned, as were the first and second grounds of the amended grounds of appeal. The general ground of appeal, which was the fifth ground, was argued only in so far as the facts related to th…

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