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JEGEDE
V.
GIWA & ORS.

(1977) JELR 34109 (SC)

Supreme Court 15 Apr 1977 Nigeria
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- Plaintiff purchased land from defendants, paid full purchase price, received a deed of conveyance with express covenant of title, and was put in possession. - Subsequent investigations and litigation revealed the land conveyed by defendan

Case Details

Suit Number:SC.452/1975
Judges:ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Counsel:Mr. D.O. Solesi For Appellant Mr. Bayo Kehinde For Respondent
Other Citations:JEGEDE v. GIWA & 3 ORS. (1977) 4 S.C. (REPRINT) 78

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In these proceedings which were commenced in the High Court of Lagos State, the plaintiff claimed against the defendants jointly and severally the sum of 1,500(pounds) (N3,000) being money paid to the defendants by the plaintiff on the 11th day of November, 1967, and expenses incurred by the plaintiff in respect of a consideration which has totally failed.

Paragraphs 2, 3, 4, 6 -17 of the plaintiff's Statement of Claim read:-

"2.The plaintiff avers that by a purchase receipt dated the 11th day of November, 1967 the plaintiff paid to the defendants the sum of 800 (Eight Hundred Nigerian pounds) sterling as the full purchase price of the said land.

3.The plaintiff avers that under and by virtue of a Deed of Conveyance dated the 29th day of January, 1968 and registered as No. 38 at page 38 in Volume 1274 of the Lands Registry in Office at Lagos the defendants conveyed the said land to the plaintiff.

4.The plaintiff avers that …

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