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THE FEDERAL ADMINISTRATOR-GENERAL & ORS. V. PAUL WILLIAM CARDOSO & ORS.

(1973) JELR 48787 (SC)

Supreme Court  •  SC.68/1971  •  28 Nov 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; DAN IBEKWE JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Judgment of the Court): This is an appeal from the judgment of Somolu, J., delivered at the Ikeja High Court on 4th July, 1966 in which the plaintiffs sought the following remedies:

"(a) A declaration that the equity of redemption of the mortgagor, L. A. Cardoso, in the property situate lying and being at Awodi-Ora in the Apapa District of Western Nigeria has become extinguished and that the fee simple thereof is now vested in the estate of St. Matthew Daniel, deceased.

(b) 50 pounds damages for trespass committed on the said land.

(c) Perpetual injunction restraining the defendants, their servants, agents or workmen from further acts of trespass on the said land."

The action was commenced by the plaintiff alone as the administrator of the estate of J. St. Matthew Daniel, deceased, but shortly after the close of the case for the plaintiff, leave was granted to join the twelve surviving children of the deceased mortgagor as plaintiffs. The first …

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