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ORONSAYE
V.
OSULA & ANOR.

(1976) JELR 41273 (SC)

Supreme Court 10 Jun 1976 Nigeria
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Case Details

Suit Number:SC.21/1975
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Counsel:Mr. Bayo Kehinde, (with him, Mr. J. O. Sadoh) For Appellant Dr. P. O. Onaghise For Respondent
Other Citations:ORONSAYE v. OSULA & ANOR. (1976) 6 S.C. (REPRINT) 16

C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): In Suit No. B/73/70 in the High Court, Benin, the plaintiff/appellant endorsed his writ as follows: -

"The plaintiff's claim against the defendants is as follows:-

1.For a declaration of title to the property situate, lying, being and known as No. 33, Yakubu Gowon Street, (Mission Road), Benin City. The said parcel of land was property of the plaintiff's father, Chief Oronsaye (deceased) late Eholor of Isi, who pledged same to Chief Ekhaguere (deceased) late Osula of Benin ancestor of the 1st and 2nd defendants for a loan of 100pounds (one hundred pounds).

2.For an order of this Honourable Court for the plaintiff to redeem the said property on payment of the said loan of 100pounds to the first defendant.

3.For possession of the said property, which lies within the Benin Judicial Division is about 10pounds."

Pleadings were ordered and they were duly filed and delivered. In paragraphs 1, 2, 3, 4, 5, 6, 7, 10 and 19 of the plaint…

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