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SHITTU
V.
FASHAWE

(2005) JELR 46003 (SC)

Supreme Court 8 Jul 2005 Nigeria
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- The plaintiff claimed a declaration of ownership and possession of a property in Lagos State, as well as accrued rents and a declaration of forfeiture of the defendants' tenancy. - The trial court found in favor of the plaintiff and enter

Case Details

Suit Number:SC.21/2001
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Counsel:Kunle Oyewo, Esq. For Appellant J. Akanike For Respondent
Other Citations:Shittu v. Fashawe [2005] 14 NWLR (Pt.946)671

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In his amended statement of claim, in suit No. LD/3396/95 at Lagos Judicial Division of the High Court of Lagos State, the plaintiff claimed against the defendant as follows:-

"(1) A declaration that the plaintiff is the person entitled to the statutory right of occupancy and/or certificate of occupancy of all that piece or parcel of land together with the storey building consisting of six flats thereon situate, lying and being No. 19, Oluwasanmi Close, Mafoluku, Oshodi, Lagos State and more particularly described and delineated in the survey plan No. FL502 of 29/9/72 drawn by A. O. Adebogun, licensed surveyor.

(2) Possession of the said property and N 100,000.00 (One hundred thousand Naira) only, being accrued rents in respect of the said property. The defendants, their servants, agents and/or privies on the property in dispute.

(3) A declaration that the defendants have incurred forfeiture of their tenancy in respect of the said …

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