BRAIMAH
V.
ABASI

(1998) JELR 45645 (SC)    

Supreme Court  ·  SC.122/1992 ·  9 Oct 1998 ·  Nigeria
 · 
Other Citations
Braimah v. Abasi (1998) 13 NWLR (Pt. 581)167
Braimah v. Abasi (1998) 13 NWLR (Pt. 581) 167
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
evidence
learned trial judge
alhaja ayisatu adenike majekodunmi
court of appeal
deed of transfer
title no. mo
plot of land
executive development board
purchase price
1st december
mr. majekodunmi
safe custody of the document of title
lagos registers of titles
lead judgment
mr. adebiyi majekodunmi
registrar of titles
burden of proof of fraud
new trial
owner of the title deed
purchase of the land
said plot
statement of defence
terms of her claims
value of the legal estate
2nd defendants
above views of the learned trial judge
alhaja ayisatu adenike majekondunmi
evidence of the existence of any woman
existence of another person
following questions
further deed of transfer
high court of lagos state
issue of law
leading judgment
learned chief justice of nigeria
learned judge
leave of court
name of the first defendant
oral arguments
plaintiff alhaja nimota abiola abegbe abasi
proof of identity of the original grantee
proprietor of the said land
rectification of the register of titles
rectification of the titles register
reserved judgment
signature of nimota abiola abegbe abasi
such person bore names
trial judge

OGUNDARE, J.S.C. (Delivering the Leading Judgment): This matter has a chequered history. The action commenced on 14th December 1976 when the plaintiff Alhaja Nimota Abiola Abegbe Abasi (who is now respondent in this appeal) issued a writ of summons in the High Court of Lagos State claiming from Anthony Aruna Braimah (now appellant) and the Registrar of Titles, as 1st and 2nd defendants respectively:-

''1. Declaration that the deed of transfer dated 31st October, 1967 of her property registered as title No. MO 6008 to Alhaja Ayisatu Adenike Majekodunmi is void for fraud the signature of Nimota Abiola Abegbe Abasi thereto having been forged.

2. Declaration that the further deed of transfer dated 29th August, 1968 to Anthony Aruna Braimah is void as Alhaja Ayisatu Adenike Majekondunmi had no title to transfer.

3. Rectification of the register of titles by expunging therefrom, the name of the first defendant as proprietor of the said land reinstating instead the plaintiff's name, alter…

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