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ABEKE
V.
ODUNSI & ANOR.

(2013) JELR 35912 (SC)

Supreme Court 24 May 2013 Nigeria
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- This case involves an appeal against the decision of the Lagos Division of the Court of Appeal. - The appellant purchased a property from the estate of Michael Abiodun Joseph, but the respondents, who were tenants in the property, challen

Case Details

Suit Number:SC.35/2003
Judges:MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:Osahom Idemudia, Esq. For Appellant A.A. Odunsi Esq. For Respondent
Other Citations:(2013) JELR 51181 (SC)

OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This appeal is against the decision of the Lagos Division of the Court of Appeal, hereinafter called, the court below. The appellant herein was the plaintiff at the trial High Court of Lagos State while the respondents were the defendants. The appellant had claimed at the High Court, the following reliefs:

"1. An order of possession of that property known, addressed and described as No.4 Oyewunmi Close, Surulere, Lagos, which property is presently being held over and detained by the defendants in this suit.

2. An order directing the defendants to pay the sum of N600,000 (six hundred thousand naira) as mesne profits on the said property in dispute from the 1st of April, 1992 to the 1st of April, 1996 at the rate of N150,000.00 per annum and thereafter at the said rate pro rata up to and after the judgment of this court until vacant possession is granted."

The facts of this case are as follows: The appellant had purchased the pr…

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