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ODEKU V. DAWODU & ORS.

(1971) JELR 41226 (SC)

Supreme Court  •  SC.171/1971  •  15 Apr 1971  •  Nigeria

Coram
ADEMOLA ADETOKUNBO JSC; IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC;

Appearances
Chief Williams For Appellant Mr. Sobodu For Respondent

Judgement

ADEMOLA, C.J.N. (Delivering the Leading Judgment ): The appellant, a legal practitioner, was together with another legal practitioner sued in the High Court of Lagos for a true and correct account of the disbursement of expenditure of the sum of one hundred thousand pounds (100,000 pounds) which the defendants received in August 1961 from the Western Nigeria Government for and on behalf of the Ashogbon Chieftaincy family of Lagos, being part-payment of compensation for the Chieftancy family land acquired by the said Government. Early in the proceedings in the High Court at Ikeja the claim against the other legal practitioner was discontinued and he was dismissed from the suit.

It was not denied by the defendant that he received the said amount from the Government for and on behalf of the family. The defendant in his statement of defence filed an account which the plaintiffs surcharged.

After hearing evidence from both sides, Somolu, J. (as he then was) in the High Court entered judgm…

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