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NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD V. YAYA MUMUNI

(1977) JELR 45233 (SC)

Supreme Court  •  SC.440/1975  •  18 Feb 1977  •  Nigeria

Coram
UDO UDOMA JSC; CHARLES OLUSOJI MADARIKAN JSC; MOHAMMED BELLO JSC;

Judgement

SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of Beckley, J., in the High Court of Lagos State, Ikeja Judicial Division, in Suit No. IK/68/68, wherein the plaintiff, herein respondent, had sought against the first and second defendants, herein first and second appellants, an order of court to set aside a purported sale of plaintiff's house and landed property known as No. 14 Airport Road, Ikeja by the first defendant to the second defendant; and an injunction to restrain the defendants, their agents and/or servants from interfering with the plaintiff's possession of the said house and landed property.

Pleadings having been ordered were duly filed and delivered, save and except that there was no defence either filed or delivered by the plaintiff in respect of the counterclaim against the plaintiff by the second defendant seeking an order of court for possession of the house and landed property, the subject matter of the suit; 500pounds dam…

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