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KUFORIJI & ANOR.
V.
V.Y.B. NIGERIA LTD.

(1981) JELR 42509 (SC)

Supreme Court 12 Jun 1981 Nigeria
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- Supreme Court allowed the appeal, holding that the plaintiff (company) failed to prove both (a) that the alleged misrepresentation by the defendants as “husband and wife” was false, and (b) that the representation was material or induced

Case Details

Suit Number:SC.85/1980
Judges:GEORGE SODEINDE SOWEMIMO 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 AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:A. A. Adesina For Appellant Chief B. Kehinde, SAN, (with him, O.J. Idigbe) For Respondent
Other Citations:KUFORIJI & ANOR. v. V.Y.B. (NIG.) LTD. (1981) 6-7 S.C. 25

A. O. OBASEKI, JSC (Delivering the Leading Judgment): The appellant herein, who was the first defendant in the High Court of Lagos State, Lagos Judicial Division, has brought this appeal against the decision of the Federal Court of Appeal delivered on the 23rd day April, 1980 in an appeal he lodged to that court against the decision of the High Court (Dosumu, J., as he was then).

The claims endorsed on the writ of summons filed in the High Court were for:

"(i) A declaration that the Deed of sublease Title No. MO.9261 dated 18th February, 1971 is null and void.

(ii) An order that the Register of Titles be rectified by deleting all entries relating to the sub-lease from the register.

(iii) A declaration that an agreement made on the 18th day of February, 1971, between the plaintiff of the one part and the defendants of the other part in which the plaintiff promised to sell and assign the residue of the term of years in the land comprised in Title No MO. 1647 is void or (in the alternati…

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