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KODESOH
V.
ARO

(1972) JELR 40857 (SC)

Supreme Court 28 Apr 1972 Nigeria
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Case Details

Suit Number:SC.4/72
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Counsel:Mrs. L. E. Fowler (P. E. Okotie with her) For Appellant M. A. Bashua For Respondent
Other Citations:(1972) All N.L.R 394 (1972) 4 S.C. 298

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellant was the defendant and the respondent the plaintiff in an action instituted by the plaintiff in the High Court, Ikeja, Lagos State and in which the writ was endorsed for the following claims:-

"(a) Possession of all that piece or parcel of land situate lying and being at Ikeja and which is more particularly described in the deed of lease dated 14th February, 1953 and registered as No. 34 at page 34 in volume number 964 of the register of deeds kept in the Land Registry, Lagos.

(b) Injunction restraining the defendant her agents and servants from further remaining on the said land."

The statement of claim avers that the land in dispute belongs to the plaintiff, that the land was the subject-matter of a previous court case by the plaintiff against the same defendant, that the case subsequently went on appeal to the Supreme Court where the lease purported to be made in favour of the defendant was set aside on the g…

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