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TUNDE OSUNRINDE & ORS. V. MUTAIRU TOGUN AJAMOGUN & ORS.

(1992) JELR 43142 (SC)

Supreme Court  •  SC.181/1990  •  10 Jul 1992  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC;

Judgement

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): In the High Court of Lagos State and by paragraph 25 of their amended Statement of Claim the plaintiffs who are now respondents in this court claimed from the defendants as follows:-

"(1) An order declaring as null and void the power of attorney dated the 16th day of August 1977 and registered as No. 92 at page 92 in Volume 1623 of the Lands Registry or in the alternative an order setting aside the said power of attorney.

(2) An order setting aside the lease dated this 19th day of July 1979 and registered as No.7 at page 7 in Volume 1784 of the Register of Deeds kept at the Lagos State Land Registry Lagos Nigeria.

(3) The sum of N50,000,000 being damages for trespass committed by 1st defendant his servants, agents and privies on all that piece or parcel of land situate, lying and being at Mafoluku and more particularly delineated with its dimension and abuttals on Plan No. OGEK 38A/78 attached to the Deed of Lease dated 19th …

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