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STAR PAPER MILL LTD & ANOR V. BASHIRU ADETUNJI & ORS.

(2009) JELR 47338 (SC)

Supreme Court  •  SC.292/2002  •  3 Jul 2009  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

M. S. MUNTAKA-COOMASSIE, J.S.C: (Delivering the Leading Judgment): This appeal involves the determination of whether the court of appeal, hereinafter called the lower court, was right in striking out an appeal, when the parties have amicably resolved the dispute between them and filed terms of settlement before the court.

The plaintiffs who are the respondents before this court claimed before the High Court of Justice, Lagos among others, declaration that the lease granted in favour of Late Chief Ole Kanu Oko by Alhaji Bismyu Lawal dated 14/8/1995 and registered as No 73 at page 73 in volume 1576 of the Land Registry, Lagos over a parcel of land situate, lying and being at 210 Ogungbesan Street Coker Village Iganmu and measuring one acre has been determined by reason of forfeiture.

Both parties filed and exchanged pleadings and called witnesses in support of their case. The trial Judge, after listening to both parties delivered his judgment in favour of the plaintiffs, and granted all…

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