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ROBERT ENAJITE UGHUTEVBE V. DR. OWODIRAN SHONOWO THE REGISTRAR OF TITLES

(2004) JELR 54084 (SC)

Supreme Court  •  SC.160/1997  •  4 Jun 2004  •  Nigeria

Coram
ANTHONY IKECHUKWU IGUH, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC (Read the Lead Judgment) DAHIRU MUSDAPHER, JSC DENNIS ONYEJIFE EDOZIE, JSC

Judgement

EJIWUNMI, JSC (Delivering the Lead Judgment): One of the issues for determination in this appeal is, whether the Court below was right to have held that the trial Court was wrong to have struck out the reply of the 1st respondent to the amended statement of defence filed by the appellant in the trial Court. The other question that also falls for determination among other issues raised in this appeal is, whether the Court below was right to have held the view that the property in dispute which was bought in the name of the 1st respondent by his father, was meant to be a gift for the future advancement of the 1st respondent. The facts leading to this appeal arose when the 1st respondent, Dr. Owodiran Shonowo as plaintiff commenced this action against the appellant’s father as the 1st defendant and the 2nd respondent (2nd defendant) the Registrar of Titles of the Lands Registry in the Lagos State High Court. Following the order for pleadings, the 1st respondent with the leave of Court …

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