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J. D. OWUMI v. PATERSON ZOCHONIS & CO (NIG.) LTD.

(1974) JELR 41552 (SC)

Supreme Court  •  SC.99/1972  •  25 Oct 1974  •  Nigeria

Coram
TASLIM O. ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE S. SOWEMIMO JSC;

Judgement

ELIAS, CJN.: (Delivering the Leading Judgment) In Suit No. LD/659/70 delivered by Lambo, J., in the High Court of Lagos State on May 24, 1971, the plaintiff's claim was dismissed. The plaintiff's claim against the defendants were for:-

(i) a declaration that the deed dated 24th September, 1969 and made between Chief Joseph Modupe Johnson of the one part and the defendants of the other part confers no estate on the defendants in or over the land registered under Title No. L0 5243;

(ii) an order that the Register kept at the Lands Registry pursuant to the Registration of Titles Act be rectified by deleting therefrom any entry made to give effect to any estate purported to be vested in the defendants by virtue of the deed aforesaid.

In his Statement of Claim, the plaintiff averred as follows:

"1. The plaintiff is the registered owner of a leasehold estate in the land described in the claim on the writ of summons and registered under Title No. LO 5243 (hereinafter referred to as 'the said…

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