(1977) JELR 49352 (SC)    

Supreme Court  ·  SC.111/1975 ·  20 May 1977 ·  Nigeria
Other Citations
OLUBODE v. OYESINA & ORS. (1977) 5 S.C. (REPRINT) 47
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
Core Terms Beta
4th defendant
1st defendant
statement of claim
statement of defence
writ of summons
4th defendants
learned trial judge
western state court of appeal
3rd defendants
amended statement of defence
guineas costs
high court
judgment of fakayode
judgment of the western state court of appeal
new defendants
2nd defendants
4th day of july
a. o. obaseki
application of the plaintiff
concluding portion
consequential orders
decision of the western state court of appeal
exercise of a discretion
family meeting
hearing of the appeal
high court of justice holden
leading judgment
mr. tunji ladipo oyesina
notice of appeal
only substantial point of law
order of court
orders of the learned trial judge
original statement of claim
real question
respondent claiming
statutory duty
subject matter of claim
supreme court
trial court
wide powers

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Western State Court of Appeal delivered on the 4th day of July, 1974, in the appeal to it by the 4th defendant/respondent against the judgment of Fakayode, J., sitting in the High Court of Justice holden at Ibadan on the 10th day of May, 1972.

Before the hearing of the appeal and on the application of the plaintiff/appellant,

Mrs. Comfort Waleola Oyesina

Mrs. Yetunde Babayeju (nee Oyesina)

Mr. Tunji Ladipo Oyesina


Mr. Abioye Oyesina (Adminstrators

And Administratrixes/Trustees of the Estate of Chief T. L. Oyesina (Deceased) were substituted for the 1st defendant/respondent, who died after the appellant filed his notice of appeal.

The plaintiff in the High Court, took out a Writ of Summons against the 1st defendant/respondent claiming

"a refund of 600 (Six Hundred Pounds) given to him in 1967 for a consideration that has totally failed. The defendant has refused to refund despit…

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