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M. O. Onayemi v. R. O. Balogun

(1972) JELR 33871 (SC)

Supreme Court  •  SC.109/1969  •  21 Jan 1972  •  Nigeria

Coram
CHARLES OLUSOJI MADARIKAN JSC; GEORGE BAPTIST AYODOLA COKER JSC; UDO UDOMA JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment ): The appellant was the defendant before the High Court, Lagos (Suit No. LD/166/67) in an action instituted against him by the respondent, then plaintiff, and in which her writ of summons was endorsed as follows:

"The piece or parcel of land together with buildings thereon situate and lying at 21 Oyinkan Road, Apapa, in the Federal Territory of Lagos and which is described in the Land Certificate Title No. MO. 1866 in the Register of Deeds kept in the Federal Lands Registry in the Office at Lagos is the property of the above-named plaintiff.

The defendant, without the knowledge and consent of the plaintiff, unlawfully claims ownership of the afore-mentioned property.

THE PLAINTIFF THEREFORE CLAIMS AGAINST THE DEFENDANT:

1. Declaration that the above-named property is her property in fee simple absolute.

2. Any amount of money whatsoever which the defendant might have collected from Messrs. Sadhwanis who are the tenants now in…

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