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LAWAL V. FALODE

(1965) JELR 61177 (SC)

Supreme Court  •  SC.22/1964; NO. 1/188/62  •  17 Dec 1965  •  Nigeria

Coram
BRETT, JSC. COKER, JSC. IDIGBE, J.J.S.C

Judgement

BRETT, JSC: This appeal raises the question of the title to certain immovable property which has ostensibly been sold to the appellant under an order of the Customary Court of Ibadan No. 1 and to the respondent under an order of the High Court of Western Nigeria. The case was argued and determined in the court below entirely on the basis of English decisions but we agree with Chief Williams, who appeared for the appellant, that the proper law to be applied is to be found in the Sheriffs and Civil Process Law (Cap. 116, Laws of Western Nigeria), the Customary Courts Law (Cap. 31) and the subsidiary legislation made under those Laws.

The sequence of events was as follows-

1960 26 September - High Court ordered attachment.

24 October - Sale advertised (later postponed when interpleader proceedings brought).

1961 13 February - Customary Court ordered sale.

18 May - Sale advertised under Customary Court order.

31 May - Sold under Customary Court order.

3 July - Customary Court issued certificate …

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