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
p2
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…

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