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RAUPH BELLO OSENI v. CHIEF LASISI BAJULU & ORS

(2009) JELR 47228 (SC)

Supreme Court  •  SC.36/2002  •  11 Dec 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC;

Judgement

A. M. MUKHTAR, J.S.C. ( Delivering the Leading Judgment): In the Lagos State High Court, the plaintiff, who is substituted by the appellants who are the respondents in this appeal, instituted an action against the appellant. The plaintiff in the suit claimed possession of the two rooms and a parlour (a chieftaincy family property) at No.1A Bajulu Street, Isale-Eko, Lagos occupied by the defendant as tenant at will. The defendant denied the claim of the plaintiff, but asserted that the property beneficially belonged to his great-grand father Aina Adaba. The parties testified, and one of them called witnesses, after which their counsel addressed the court. The learned trial judge after appraising the evidence before him and the addresses of learned counsel found in favour of the plaintiff as follows:-

"I hold that the plaintiff succeeds and that he is entitled to the said premises. I hereby order that the Defendant shall vacate and give up possession of No.1, Bajulu Street to the Plaint…

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