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ABIOLA
V.
OLAWOYE

(2006) JELR 43493 (CA)

Court of Appeal 23 Feb 2006 Nigeria
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- The case involves a dispute over a property in Lagos, Nigeria. - The property was jointly acquired by the husband and wife, but the husband later executed a Deed of Assignment in favor of another party without the wife's knowledge or cons

Case Details

Suit Number:CA/L/147/2004
Judges:KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria SOTONY DENTON-WEST Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
Counsel:M. A. Agbamuche For Appellant Titilola Akinlawon For Respondent
Other Citations:Abiola v. Olawoye (2006) 13 NWLR (Pt.996) pg.1

GALINJE, JCA. (Delivering the Leading Judgment): Prof. Clifford Odunayo Olawoye, the 1st defendant at the Court below is the registered owner of the property in dispute which is situate and known as 56 Ogundana Street, Ikeja, Lagos. The respondent herein, who is the wife of Professor Clifford Odunuyo Olawoye, made enormous contribution towards the acquisition of the land and construction of the property aforesaid. This contribution which the respondent herein made was aptly acknowledged by Professor Olawoye in a handwritten note dated 2nd July 1984, in which he created trust in favour of the wife in the following words:-

"Darling,

I hereby write to acknowledge expressly that the purchase price of the land on which we are building at Ogundana Street, Ikeja was jointly contributed by both of us. I also wish to acknowledge your enormous contribution to the cost of construction of the property. The fact that the deed of assignment was made in my name cannot obliterate these facts. The leg…

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