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PILLARS NIG. LTD. v. MRS. HANNAH DESBORDES & ORS

(2009) JELR 47296 (CA)

Court of Appeal  •  CA/L/859/06  •  8 May 2009  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA ADZIRA GANA MSHELIA JCA REGINA OBIAGELI NWODO JCA;

Judgement

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): By Writ of Summons and Statement of Clam dated 3rd of May 1993, the Respondents who were Plaintiffs in the High Court of Lagos State instituted an action against the Appellants who were Defendants in the lower court claiming the following reliefs:

"(a) A DECLARATION that the Defendant, having failed to erect and completely finish a dwelling house on Plot No.6, Sabiu Ajose Crescent, Surulere, Lagos as agreed in writing between the Defendant and the late Grant Desbordes on 24th October, 1977 are in fundamental breach of the said written Lease/Agreement dated 24th October, 1977.

(b) FORFEITURE by the Defendant of the said Lease/Agreement dated 24th October, 1977, by virtue of the said fundamental breach of Agreement.

(c) AN ORDER that the Plaintiffs immediately recovers possession of all that property known as Plot No.6, Sabiu Ajose Crescent, Surulere, and registered under Title No. M08834 at Lagos State Land Registry, Ikejā€¦

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