(1975) JELR 46207 (SC)    

Supreme Court  ·  SC.197/74 ·  1 May 1975 ·  Nigeria
Other Citations
(1975) 1 All N.L.R 257 Adeoye v. Jinadu (1975) 5 S.C. 42
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
Core Terms Beta
plea of res judicata
learned chief justice
high court
res judicata
statement of claim
undue influence
learned registrar of titles
moloney bridge street
proprietor of the freehold title
ruling of adefarasin
abuse of the process of the court
alleged sale of the house
cause of action
common ground
date of the commencement of the action
further take notice
g. b. a. coker
hartington middle quarter inhabitants
ingredients of res judicata
issue of fraud
judgment of the learned registrar of titles
judgment of the registrar of titles
judgment subject matter of exhibit a
leading judgment
learned deputy registrar of titles
learned trial judge
main plinth
part of no.
present appeal
present case
rectification of the registrar
registrar of titles
respect of an application
ruling of the learned chief justice
said property
taxation commissioner

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appeal is from a ruling of Adefarasin, C.J. (High Court, Lagos) in respect of an application in the proceedings concerned. The plaintiff, now respondent before us, had instituted an action against the defendant, now appellant

"For a declaration that the alleged sale of the house and landed property forming part of No. 22 Moloney Bridge Street, Lagos, entered into between the plaintiff of the one part and the defendant of the other part is void ab initio on the grounds of (a) fraud; (b) illegality; (c) lack of consensus ad idem; (d) undue influence."

There are some claims in the alternative but we do not consider them relevant to this decision. An order for pleadings was duly made and the plaintiff filed her statement of claim. The defendant did not file any statement of defence as ordered but instead moved the court by way of motion

"For an order dismissing the plaintiff's claim herein on the grounds that

(i) It is…

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