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OYEBISI AFOLABI USENFOWOKAN V. SULE SALAMI IDOWU & ORS

(1975) JELR 33970 (SC)

Supreme Court  •  SC.378/1973  •  18 Apr 1975  •  Nigeria

Coram
GEORGE B. A. COKER JSC GEORGE SODEINDE SOWEMIMO JSC DANIEL O. IBEKWE JSC

Judgement


G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The term 'right, title or interest' of a judgment debtor in realty, sold at auction sale ordered by a court, often raises some difficulty, when conflicting claims are made. Such difficulty is easily resolved once it can be determined the nature or interest of the rival parties.

In this suit, Plaintiff claims (a) that he is owner in equity the property at 47 Idumagbo Avenue Lagos, and (b) an order, (if claim (a) succeeds) that the defendants do convey the said property to the plaintiff.

The facts are not so much in dispute. It is agreed by both parties that the property at 47, Idumagbo Avenue, Lagos, originally belonged to one Samuel Talabi Onashile (now deceased). Sometime before 1960, the late Talabi Onashile entered into a banking transaction with Barclays Bank D.C.O. under which the Title Deed of his property was deposited with the Bank. It is enough to say, that the deposit of the title of 47 Idumagbo Avenue Lagos was made …

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