(1972) JELR 46133 (SC)    

Supreme Court  ·  SC.288/1971 ·  16 Jun 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 655 (1972) 6 S.C. 106
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
10th defendants
learned trial judge
8th defendants
exhibit a
western state court of appeal
additional grounds of appeal
statement of claim
tubosun family land
grounds of appeal
lands registry
said conveyance
set aside
trial judge
final analysis
high court
notice of appeal
odo onigege
suit no.
1st plaintiff
appeal court
authority of the mogaji of the tubosun family
awards of damages
careful consideration
ex nihilo
first leg of plaintiffs
following orders
g. s. sowemimo
important members of the said family
judgment of that court
lajoyetan oyeku
leading judgment
matter of fact
mogaji of tubosun family
order of the court
part of the tubosun family property
principal members of the plaintiffs
said land
sale of the property
similar point
subject matter of the case
such additional claim
time of the execution of exhibit
unauthorised deed of conveyance

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellants, who were plaintiffs in the High Court, Ibadan in Suit No. 1/98/67 sued the defendants, now the respondents, claiming the following:-

"(a) An order of the court setting aside an unauthorised deed of conveyance dated the 17th day of October, 1963, registered as No. 29 at page 29 in Volume 705 of the Lands Registry kept at Ibadan, made between the 1st to the 8th defendants of the one part and the 9th and 10th defendants of the other part which conveyance was made without the knowledge, consent, and authority of the Mogaji of the Tubosun family and the other principal members of the plaintiffs' family.

(b) An injunction restraining the defendants, their servants and/or agents from entering the land described in the said conveyance or in any way dealing with or interfering with the same without the permission of the plaintiffs.

(c) The sum of SIX HUNDRED POUNDS ('a3600) from the 9th and 10th defendants jointly and…

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