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JOE BEST ESTATE DEVELOPMENT & PROPERTIES LIMITED v. MRS GRACE A. NZEGWU & ORS

(2015) JELR 47217 (CA)

Court of Appeal  •  CA/L/266/2003  •  6 Feb 2015  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; CHINWE EUGENIA IYIZOBA JCA; ABIMBOLA O. OBASEKI-ADEJUMO JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the order of Bode Rhodes-Vivour J of the Lagos High Court made on the 26th day of February 2003 in suit No LD/3652/99 staying the execution of the consent judgment of Shitta-Bay J in LD/2220/99 on the ground that the consent judgment was obtained by fraudulent misrepresentation. The facts leading to the making of the order are as follows:

The property known as and called Plot 13034 Akin Adesola Street Victoria Island Lagos State, the subject matter of the suit was registered in the name of Late Engr. Theophilus Ifeanyi Nzegwu under Title No. LO. 7816 of the Register of Deeds kept at Lagos State Lands Registry Alausa Ikeja, Lagos State. The 1st respondent is the wife of Late Engr. Theophilus Ifeanyi Nzegwu and was in actual possession of the property in dispute.

Parts of the property were let out to the 4th and 5th respondents. The 2nd respondent claimed that by virtue of a Deed of Assignment da…

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