(2012) JELR 49305 (CA)    

Court of Appeal  ·  CA/L/955/08 ·  24 Dec 2012 ·  Nigeria
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd defendants
landed property
crown grant
apatira street
abdul salami shinaba
20th day of february
late yussuf shinaba
further states
statement of defence
abdul salami
late abdul salami shinaba
4th defendant
amended statement of claim
order of the honourable court
19th day of june
equal parts
high court of lagos state
late alhaja raliat opere
life time
ownership rights
possession of the apartments
yoruba native law
1st counter-claim
1st floor
alhaji abdulsalami shinaba
appellants brief of argument
children of late alhaja raliat opere
exhihit b3
grandfather of the defendants
ground floor of the landed property
high court of lagos
landed property of no.19
late madam ashimawu anibaba
leading judgment
list of exhibits
misrepresentation of facts
order of the lower court
original owner of the landed properties
ownership title
part of the 4th respondent
present appellant
respective briefs of argument of the learned counsel
said rents
title document
unassailable evidence of title
virtue of a crown grant

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Hon. Justice E. A. Lufadeju (Mrs.) of the High Court of Lagos State, Lagos Judicial Division, delivered on the 12th of January, 2007 in Suit No.LD/2358/2002.

The Claimant in her Writ of Summons dated 8th October, 2003 and amended pursuant to the order of the lower Court made on the 6th of October, 2003. The Claimant had sought for the following reliefs:-

(1) A DECLARATION that the landed property situate lying and being at No.19/21 Apatira Street, Lagos Island belonged to late Yussuf Shinaba and jointly belong to the Abdul Salami Shinaba and Abudul Gafar Shinaba branches of the Yussuf Shinaba family.

(2) AN ORDER of the Honourable Court partitioning the Landed property situate, lying and being at No.19/21, Apatira Street, Lagos Island into 2 equal parts between the Abdul Salami and Abdul Gafar Shinaba branches of the Yussuf Shinaba family.

(3) AN ORDER of the Honourable Court directing…

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