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MABERA
V.
OBI & ANOR

(1972) JELR 46130 (SC)

Supreme Court 29 Sep 1972 Nigeria
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Case Details

Suit Number:SC.315/1971
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Counsel:Alhaji R. O. Gaji for the 2nd defendant/appellant. For Appellant Dr O. Onwuamegbu for the plaintiff respondent. Niyi Oyetunde for the 1 st defendant/respondent. For Respondent
Other Citations:(1972) All N.L.R 772 (1972) 8-9 S.C. 147

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Suit No. SO/9/1970 in the Sokoto High Court the plaintiff's claim against the defendants jointly and severally, as formulated in his writ of summons, reads:-

"1. Recovery of his house and landed property valued at 5,000 (five thousand pounds) situate and lying off Rigia Dorowa, Sokoto. The said house was unlawfully attached and sold under a writ of execution by the first defendant to the second defendant while plaintiff was in the East-Central State during the disturbance in the country.

2. Declaration of title.

3. 200(pounds) damages for trespass.

4. Accounts of all monies collected as rents by the second defendant from time of sale and that such monies be paid to the plaintiff.

5. That the purported sale of the house by first defendant to the second defendant be set aside, declared null and void and of no effect."

Pleadings were ordered and were duly filed and delivered.

The facts as found by the learned trial judge …

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