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ADEJUMO
V.
AYANTEGBE

(1989) JELR 39759 (SC)

Supreme Court 9 Jun 1989 Nigeria
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- The defendants appealed against the judgment of the Court of Appeal, which had set aside the judgment of the trial court regarding the sale and conveyance of a piece of land. - The trial court held that the sale was voidable but refused t

Case Details

Suit Number:SC.204/1986
Judges:PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:Matthew Adepoju For Appellant G. O. Oju For Respondent
Other Citations:Adejumo v. Ayantegbe (1989) 3 NWLR (Pt.110) 417 (1989) All N.L.R 468 (1989) 6 S.C. (Pt 1) 76

NNAEMEKA-AGU, JSC (Delivering The Leading Judgment): This is an appeal by the Defendants against the judgment of the Court of Appeal, Ibadan Division, which had set aside the judgment of Aboderin, J. sitting in an Ibadan High Court.

The claim before the High Court was as follows:

"1. Declaration that the purported sale and Conveyance of ALL THAT piece or parcel of land described in the Deed of Conveyance dated 24th August, 1973 and registered as No. 17 at page 17 in Volume 1524 of the Lands Registry in the Office at Ibadan forming part of the plaintiffs family land known as Ayanwemi Omosowon family land situate lying and being at Oke Ogbere Iwo Road, Ibadan originally belonging to Ayanwemi Omosowon (Deceased) is null and no effect as the said sale was improperly and wrongfully made by the 2nd and 3rd Defendants to the 1st Defendant without the knowledge and/or consent of the plaintiff and other principal members of Ayanwemi Omosowon Family.

2. An order setting aside the said Deed of C…

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