(2015) JELR 44007 (CA)    

Court of Appeal  ·  CA/I/M30/2011 ·  5 Aug 2015 ·  Nigeria
HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
mrs adenike odusina
lower court
mrs odusina
learned trial judge
statement of claim
amended statement of claim
alhaji mojeed sodeinde street
default judgment
order of injunction
absence of mrs adenike odusina
consent of the plaintiff
lower court of the jurisdiction
ogun state
present appellant
said property
sister mrs odusina
suit no. hcs
trial court
absence of mrs. adenike odusina
consent of respondent
legal maxim nemo dat quod
lower court of the joint ownership of the house
ogun state high court
version of the plaintiff
claim of the respondent
close of evidence
considered ruling of the court
deed of gift of the land
facts of the case
following boundaries
following paragraphs of the statement of claim
foregoing conclusion of the court
given case
joint property of the plaintiff
junior sister mrs. adenike odusina
leading judgment
lead judgment
mrs adenike
purported sale of the said property
respondent have
see a.g. lagos state v
support of his case
true copy of judgment
valid interest
virtue of a deed of gift

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff before the Ogun State High Court, Sagamu Judicial Division hereinafter referred to as the lower Court. The appellant was the defendant. The claim of the respondent before that Court as contained in paragraphs 14 of the amended statement of claim dated 10th day of May, 2001 and filed same date is as reproduced herein below:

(a) Declaration that the property situate, lying and being at No. 9/10 Alhaji Mojeed Sodeinde Street, Sabo, Sagamu, Ogun State is a joint property of the plaintiff and his junior sister Mrs. Adenike Odusina by virtue of a deed of gift dated 5th day of August, 1976.

(b) Declaration that the purported sale of the said property to the defendant in February 1994 by Mrs Adenike without the knowledge and or consent of the plaintiff is null and void and of no effect.

(c) An order of injunction restraining the defendant, his servants, agent, privies and whoso…

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