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ONAYEMI
V.
BALOGUN

(1972) JELR 33871 (SC)

Supreme Court 21 Jan 1972 Nigeria
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Case Details

Suit Number:SC.109/1969
Judges:CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Counsel:F. R. A. Williams For Appellant J. A. Cole For Respondent
Other Citations:(1972) All N.L.R27 Onayemi v. Balogun (1972) 1 S.C. 82

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment ): The appellant was the defendant before the High Court, Lagos (Suit No. LD/166/67) in an action instituted against him by the respondent, then plaintiff, and in which her writ of summons was endorsed as follows:

"The piece or parcel of land together with buildings thereon situate and lying at 21 Oyinkan Road, Apapa, in the Federal Territory of Lagos and which is described in the Land Certificate Title No. MO. 1866 in the Register of Deeds kept in the Federal Lands Registry in the Office at Lagos is the property of the above-named plaintiff.

The defendant, without the knowledge and consent of the plaintiff, unlawfully claims ownership of the afore-mentioned property.

THE PLAINTIFF THEREFORE CLAIMS AGAINST THE DEFENDANT:

1. Declaration that the above-named property is her property in fee simple absolute.

2. Any amount of money whatsoever which the defendant might have collected from Messrs. Sadhwanis who are the tenants now in…

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