(2009) JELR 49505 (SC)    

Supreme Court  ·  SC.18/2003 ·  18 Dec 2009 ·  Nigeria
Other Citations
Shasi v. Smith (2009) 18 NWLR (Pt. 1173) 330 S.C.
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Core Terms Beta
lower court
bridge street
statement of claim
1st defendant
trial court
exhibit a
learned justices of the court of appeal
following cases
kojo ii vs bonsie
learned counsel
said property
2nd defendant
fundamental issue
grounds of appeal
honourable court
judgment of the trial court
leave of the court
notice of appeal
order of possession
suo moto
2nd paragraph
admission of paragraphs
appellants brief
close of the case
contents of exhibit a.
court of appeal lagos division
defendants statement of defence
evidence of the 2nd defendant
evidence of the plaintiffs
father of amodu
given time
grand father of the 1st defendant
issue no.
issue no.3
issue of pleadings
issues no.
leading judgment
property of aliyu enukunmi
respective pleadings
salu v. egeibon
see pp
suo motu raise
thrash-hold issue of jurisdiction
trial judge
unanimous decision

M.S. MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The Respondents, who were the Plaintiffs at the trial court, in their writ of summons and statement of claim claimed against the Appellants as follows;-

"(a) DECLARATION that the property situate at No 6 Bridge Street, as shown in the plan attached was the property of Aliyu Enukunmi and that the three branches of the Enukunmi Family - Williams - Galubi. - Mustafa are entitled in equal shares to the said property.

(b) AN ORDER of possession against the 1st and/or 2nd Defendant to vacate and deliver up possession of rooms and appurtenances to the plaintiffs.

(c) AN ORDER that all accumulated rents and/or arrears of rent due and payable to the plaintiffs be paid.

(d) AND for such other Order/s as this Honourable Court may deem fit to make.

Both parties filed and exchanged their respective pleadings and called witnesses in support of same. At the close of the case the trial Judge found no merit in plaintiffs' case and dismi…

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