ADEOYE
V.
JINADU

(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

CORAM

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

defendant

plaintiff

counsel

issue

parties

plea of res judicata

property

court

lagos

learned chief justice

high court

matter

order

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

action

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…

ADEOYE V. JINADU

ADEOYE
V.
JINADU