(1974) JELR 46167 (SC)    

Supreme Court  ·  SC.247 /73 ·  1 Nov 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 724 (1974) 11 S.C. 154
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
madam dorcas folashade agbeke
favour of the plaintiff
learned trial judge
said madam dorcas folashade agbeke
statement of claim
deed of conveyance
further reference
late mother
said piece of land
better title
exhibit b
present case
weight of evidence
conclusive evidence
declaration of title
high court of lagos
parcel of land
piece of land
possession of the land
purchase receipt
statement of defence
12th day of november
contents of any instrument
date of litigation
d. o. ibekwe
following ground
following grounds of appeal
foremost dispose of an important point
formal deed of conveyance
lack of sufficient proof of execution
leading judgment
learned judge
one madam dorcas folashade agbeke
only issue
relevant documents
relevant portions of the pleadings
said piece of land forms
trial judge
view of the importance of the pleadings
west african frontier force

D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): One Madam Dorcas Folashade Agbeke seems to be the central figure around whom the web of litigation in this case is woven. The Plaintiff claims his title to the land through her. The defendant, who is one of her children, also claims through her his right to be in possession of the land in dispute.

On the 12th day of November, 1970 the plaintiff filed an action in the High Court of Lagos claiming against the defendant a declaration of title to all that piece or parcel of land together with the building thereon situate, lying and being at Abule-Ijesha and known as No. 20 Bailey Street, Abule-Ijesha. Plaintiff also claimed possession. Pleadings were ordered and filed. In view of the importance of the pleadings in this case, coupled with the fact that very serious admissions were made by the defendant in his Statement of Defence, we think it is desirable that the relevant portions of the pleadings be set out, at least for the purpose…

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