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GBADAMOSI RABIU V. SILIFATU ABASI

(1996) JELR 48784 (SC)

Supreme Court  •  SC.144/1990  •  9 Jul 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
Chief A. O. Adefala For Appellant S. Abayomi, Esq. For Respondent

Judgement
<p><strong>ADIO, J.S.C. (Delivering the Leading Judgment):</strong> The property in dispute is at No. 20 Olowu Street, Lagos. It belonged to one Madam Ayisatu Awape (hereinafter referred to as &quot;Madam Awape&quot;). In her lifetime she had three children, namely, Alhaji Gbadamosi Rabiu (the defendant/appellant), Idirisu (the father of the plaintiff/respondent) and Abudu Salami. The said Abudu Salami had no child and he died in 1920. In the case of Idirisu, he died about 1940 and he was survived by a daughter, Silifatu Abasi, who is the present respondent. Madam Awape who was, of course, the grandmother of the respondent, died about 1950 and she was survived by only one son, the present appellant. </p><p> Sometime in 1952 the property aforesaid at No. 20, Olowu Street, Lagos, was pulled down and was re-developed into a four storey building with money allegedly provided by the appellant. After the death of Madam Awape, there was a disagreement between the appellant and the respondent on the question whether the aforesai…</p>

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