Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ROSENJE
V.
BAKARE

(1973) JELR 45947 (SC)    

Supreme Court  ·  SC.48/1971 ·  10 May 1973 ·  Nigeria
 · 
Other Citations
(1973) All N.L.R 459 (1973) 5 S.C. 91
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
learned trial judge
evidence
documents
purchase receipt exhibit
land certificate no. mo
behalf of the defendant
documents of title
purchase receipt
cross-examination
letter exhibit
parcel of land
27th day of august
contract of sale
lagos state
land registry
oral evidence
original statement of defence
statement of claim
sufficient memorandum
transfer form
30th october
above paragraphs of the statement of claim
aforesaid documents
client madam salamotu bakare
date of the said contract
defendant of land certificate no. mo
defendant states
documentary evidence
duty of the court
following exhibits
high court lagos
land of the price
land registry office lagos
leading judgment
long story
necessary transfer of the said piece
own name
particular reference
payment of the said amount
plaintiff of a piece
registration of titles act
said contract
said land certificate no. mo
said piece
trial judge

G. B. A. COKER, JSC (Delivering the Leading Judgment): In the High Court Lagos (Lagos State) the appellant as plaintiff claimed as against the respondent who was then the defendant, by virtue of a writ endorsed as follows-

"The plaintiff's claim against the defendant is for specific performance of the sale by the defendant to the plaintiff of a piece or parcel of land situate, lying and being at Shifawu Street, Surulere, adjacent to No. 55, Western Avenue, Surulere, covered by land certificate No. MO 3434 in the Land Registry, Lagos and Plan No. ASA: 397/53 of 30th October, 1953. the defendant sold the said piece or parcel of land to the plaintiff on the 27th day of August, 1969 for the sum of 600 (six hundred pounds) but thereafter refunded/neglected to execute the necessary transfer of the said piece or parcel of land to the plaintiff despite repeated demands."

As stated on the wirt the dispute concerns land situate at Shifawu Street, Surulere on the mainland of Lagos. The defendan…

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