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SHASI & ANOR.
V.
SMITH & ORS.

(2009) JELR 49505 (SC)

Supreme Court 18 Dec 2009 Nigeria
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Case Details

Suit Number:SC.18/2003
Judges: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
Counsel:J. O. Odubela Chukwuma-Eneh (Miss) E. Njoku (Mrs) For Appellant T.O.G. Animashaun For Respondent
Other Citations:Shasi v. Smith (2009) 18 NWLR (Pt. 1173) 330 S.C., (2009) 18 NWLR (Pt. 1173) 330, (2009) JELR 72818 (SC)

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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