(1976) JELR 46253 (SC)    

Supreme Court  ·  SC.390/76 ·  22 Oct 1976 ·  Nigeria
Other Citations
COKER & ANOR. v. SANYAOLU (1976) 9-10 S.C. (REPRINT) 126
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
lands registry
register of deeds
rem judicatam
victor leopold coker
deed of conveyance
learned trial judge
amida kaffo
declaration of title
parcel of land
present case
said land
suit ld
2nd appellant
area of land
dickson j.
exhibit n
high court of lagos state
oloto chieftaincy family of lagos
plea of estoppel
administrators of the late victor leopold coker
alhaji alli fahmu portion of land
claim of alatishe
claim of the appellants
defence of res judicata
earlier decision
evidence show
following observations
high court
leading judgment
m.a. alatishe
native law
office of the lands registry
order of injunction
owner of the piece of land
part of his judgment
plaintiffs claim
plea of the respondent
possession of the said land
principle of law
relevant portions of the statement of claim
remaining paragraphs of the statement of claim
second ground
subject matter of this action
true copy of a deed of conveyance
virtue of exhibit

IDIGBE, J.S.C (Delivering the Leading Judgment): The question in this appeal is whether the learned trial Judge in the High Court of Lagos State (Kassim, J.) was right in dismissing the claim of the appellants on a plea of the respondent. The plea was a plea of estoppel. The estoppel was pleaded to a claim made by the appellants against the respondent for a declaration of title to the land and an order of injunction and it reads:-

"The plaintiffs claim against the defendant

(1) a declaration of title to the land shown on the Deed of Conveyance dated 9th May, 1941, and registered as No. 33 at page 33 in volume 576 of the Register of Deeds kept at the Lands Registry in Lagos; and

(2) an injunction restraining the defendant from taking possession of the said land".

The facts which form the background to the plea of estoppel per rem judicatam are as follows: In 1960 one M.A. Alatishe sued the respondent in the High Court claiming in Suit LD/161/60 - "a declaration of title to a piece or p…

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