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HARRIS & ORS

(2017) JELR 37288 (CA)

Court of Appeal 15 Mar 2017 Nigeria
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- This case is an appeal against the ruling and judgment of the Federal High Court. - The case involves a property that was sold by a liquidator and later compulsorily acquired by the government. - The plaintiff filed a lawsuit challenging

Case Details

Suit Number:CA/L/391/1997
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:E. D. OLATOKUNBO OLATUNJI WITH NAS OGUNSAKIN AND O. O. OLADEJI For Appellant ANDREW MALGWI WITH O. OSIFO WHISKEY AND I. ANYADIEGWU FOR 1ST RESPONDENTO. COKER (MRS) FOR 2ND APPELLANT (ACLG)E. I. EMMANUEL FOR 5TH-10TH RESPONDENTS For Respondent

ABIMBOLA O. OBASEKI-ADEJUMO, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the Ruling and Judgment of the Federal High Court, coram ODUNOWO, J., delivered on 27th July, 1995 and 15th May, 1997.

The facts relevant to the determination of this appeal is that sometimes in 1970, pursuant to the order of the Lagos High Court appointing the 3rd Respondent as liquidator of the defunct Muslim Bank, the 3rd Respondent sold the property which forms the subject matter of this suit known as referred to as No. 16. Williams Street, Lagos to the 4th Respondent. In July, 1976, the Federal Government compulsorily acquired the property. Thus in 1979, by an originating summons in suit no. FHC/L/M/101/79, one Alhaja Dolapo Soule (deceased) (who was later substituted by the 1st Respondent/Cross Appellant in this appeal) instituted an action against the 3rd and 4th Respondent wherein she sought inter alia, a declaration that the sale of the disputed property by the 3rd Respondent to the 4th …

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