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ADARAN OGUNDIANI V. O. A. L. ARABA & ANOR

(1978) JELR 47893 (SC)

Supreme Court  •  SC.470/57  •  15 Jun 1978  •  Nigeria

Coram
CHUKWUWEIKE IDIGBE JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

C. IDIGBE, JSC (DELIVERING THE LEADING JUDGMENT): When these proceedings commenced as LD/729/72 in the High Court of Lagos State on the 6th day of July 1972, the property in dispute, that is, the premises known as No. 46 Akpata (sometimes spelt 'Apata') Street at Shomolu in Lagos State already had had a chequered legal history. It had been the subject of a court action in the High Court of Western State holden at Ijebu-Ode (Suit HCJ/16/71 which commenced on 25th March, 1971) between Alhaji Adam Badejoki Ashiru, a businessman of 30 Isoku Street at Ijebu-Ode, through whom the appellant in these proceedings claims title to the property in dispute, on the one hand and three defendants i.e. Barclays Bank of Nigeria Ltd., (the second respondent herein), Chief A. Oresanya and O.A.L. Araba - the first respondents, hereing - who also claimed, (and still claims), title to the property in dispute through the second respondents herein on the other hand. About a month before commencement of these …

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