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RACE AUTO SUPPLY COMPANY LIMITED & ORS v. ALHAJA FAOSAT AKIB

(2006) JELR 37392 (SC)

Supreme Court  •  SC.376/2001  •  9 Jun 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UMARU ATU KALGO JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on 22-6-2000.

Apart from the 1st appellant, the parties in this appeal are beneficiaries and, executors of the estate of the late Alhaji Abdul Wahabi Akibu of Lagos who died and left behind property at 14 Okoya Street, Lagos Island, Lagos. In accordance with the Will also left behind by the deceased, the property was shared accordingly with the respondent in this appeal having a room and a parlour on the ground floor of the building.

However, the 2nd, 3rd and 4th appellants as executors of the estate of the deceased and on behalf of the beneficiaries of the estate including the respondent, procured the 1st appellant to redevelop the property in order to enhance its rating value. The redevelopment contract was executed between the appellants on 16-08-1995 and as a the result the 1st appellant moved into the property to demolish it preparatory to …

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