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MOBIL OIL (NIGERIA) LIMITED V. ABOLADE OLATUNJI COKER

(1975) JELR 45212 (SC)

Supreme Court  •  SC.371/1973  •  27 Mar 1975  •  Nigeria

Coram
GEORGE B. A. COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): Before the High Court of the Ibadan Judicial division in suit I/80/68, the plaintiff/appellant's writ was indorsed against the defendant/respondent in the following terms:-

"The plaintiff's claim against the defendant is for the refund of the sum of 6,500 (Six Thousand, Five Hundred Pounds) being money paid by the plaintiff to the defendant in respect of the lease of a piece of land at Ibadan and in respect of which said piece of land the Privy Council in 1964, on appeal from the Supreme Court of Nigeria, refused to grant declaration of title to the defendant. The plaintiff claims that there has been a total failure of consideration."

The small parcel of land in dispute in this case, with an area of some 846.53 square yards is situated at the junction of Oke Padre and Onireke Street, in Ibadan. The land appears to have had a chequered history.

The evidence produced at the trial of this action shows that the appellant was using t…

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