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ABUBAKAR & ORS.
V.
NANA

(1974) JELR 39703 (SC)

Supreme Court 23 May 1974 Nigeria
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Case Details

Suit Number:SC.155/74
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Mr. D A. Akintoye for the Appellant. For Appellant Respondent in person. For Respondent
Other Citations:(1974) All N.L.R 18 (1974) 5 S.C. 71

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This appeal resolves itself on the facts of the case. The issue always was and is whether the property of the appellant's father was rightly sold to the respondent's father by the Native Court, the records of which were produced in evidence as Exhibits H and I. The Kogi Divisional Area Court held that the appellant or his relations had validly redeemed the pledge by which they pledged their father's house to one Captain Atete, the ancestor of the respondent, and that the purported sale of the same property to Captain Atete was irregular.

The present respondent then appealed to the Upper Area Court which affmned the findings of fact of the Kogi Divisional Area Court and concluded that the court records, by virtue of which the present respondent claimed that the property was sold to his father, Captain Atete, were not just fabricated by the trial court but were indeed forgeries.

The present appellant thereafter appealed to this C…

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