PHILLIPS
V.
EBA ODAN COMMERCIAL & INDUSTRIAL COMPANY

(2012) JELR 39029 (SC)

Supreme Court · SC.91/1999 · 13 Apr 2012 · Nigeria

CORAM

ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellant

plaintiff

lower court

respondent

trial court

court of appeal

issues

exhibit p2

deed of assignment

statement of claim

dw2

lower courts

exhibits jp2

grounds of appeal

sub lease

trial

exhibit d1

learned justices of the court of appeal

original agreement

briefs of argument

dw1

evidence of the handwriting expert

first issue

high court

trial judge

concurrent decisions of the trial

concurrent finding of fact

decision of the learned trial court

decision of the trial high court

evidence of pw2

evidence of the handwriting analyst

evidence of the tape recording

issue of admissibility of the tape recording

leading judgment

material facts

only evidence

opinion of the handwriting expert dw1

outright sale of the property

plaintiff claim

registry of the high court of lagos state

rules of the court of appeal

said court

said evidence

said issue

tape recording exhibit p4

NWALI SYLVESTER NGWUTA, J.S.C (Delivering the Leading Judgment): Endorsed on the Writ of Summons issued on 9th October, 1986 at the Registry of the High Court of Lagos State, Lagos Judicial Division is the appellant's (then plaintiff) claim against the Respondent (then defendant):

"The plaintiff's claim against the defendant is for on order setting aside the Deed of Assignment dated the 7th day of May, 1981 and registered as No. 29 at page 29 in Volume 1839 of the Registry of Deeds kept at the Lagos State Land Registry."

At paragraph 14 of the Statement of Claim dated 5th December, 1986 and filed on 8th December, 1986 the claim is as follows:

"14. Whereupon the plaintiff claim against the Defendant is a declaration that the Deed of Assignment registered at No. 79 at page 79 Volume 1983 of the register of Deeds kept at the Land Registry in the office at Lagos is null and void and of no effect."

Pleadings were filed and exchanged. At the trial in the High Court, appellant claimed he did…

PHILLIPS V. EBA ODAN COMMERCIAL & INDUSTRIAL COMPANY

PHILLIPS
V.
EBA ODAN COMMERCIAL & INDUSTRIAL COMPANY