(2012) JELR 46175 (CA)    

Court of Appeal  ·  CA/L/950/2009 (CONSOLIDATED) ·  30 Apr 2012 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
4th respondents
federal government
balogun street
federal high court
suit no. fhc
senior counsel
mr. mbagwu
federal military government
3rd respondent
commencement of the proceedings
lead judgment
learned trial chief judge
record of appeal
suit no. ld
common sense
said judgment
said property
suit ld
suit m
amended statement of defence
applicability of the doctrine of res judicata
complete agreement
following questions
following statement of the law
forfeiture of the said property
general trust company v
given suit
invocation of the principles of res judicata
judgment of alabi cj
lands registry
laws of lagos state
leading judgment
learned trial judge
leave of the court
lower court
mr. e. i. ijewere
privy of the federal government of nigeria
protection of subsequent purchaser
registered owner
registration of title law
said decision
subject matter of a forfeiture order
such privity
suits m
true copy of the plaintiff
way of deed of transfer

KUMAI BAYANG AKAAHS, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of Alabi CJ in consolidated Suits M/620/93 and LD/4611/95 delivered on the 26th June 2009.

The Appellant was claimant in Suit M/620/93 and the Respondents were the Defendants, while in Suit LD/4611/93 the Appellant was the Defendant and the Respondents were the Claimants. The suits were tried on M/620/93.

The claim relates to the property situate at No. 69, Balogun Street, Lagos which was formerly owned by Ebaco and Co (the Claimants in Suit No. LD/4611/95. The said property was the subject matter of a forfeiture order made by the Federal Government after which the Federal Government divested its interest to the appellant who registered it under title no LO2593. Mr. E. I. Ijewere (a shareholder of Ebaco and Co - one of the Respondents) instituted an action against the Federal Government at the Federal High Court in Suit No. FHC/L/94/79 challenging the forfeiture of the said property and s…

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