(2005) JELR 46003 (SC)    

Supreme Court  ·  SC.21/2001 ·  8 Jul 2005 ·  Nigeria
Other Citations
Shittu v. Fashawe [2005] 14 NWLR (Pt.946)671
Shittu v. Fashawe (2005) 14 NWLR (Pt. 946) 671
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
Core Terms Beta
court of appeal
trial court
5th defendants
alhaji lasisi shittu
learned trial judge
deed of assignment
lower court
exhibit e
alhaji salawudeen olaofe popoola
exhibits c
following issues
late alhaji lasisi shittu
leading judgment
preponderance of evidence
such evidence
1st defendant
documentary evidence
lagos state
better title
land instruments registration law
laws of lagos state
learned justices of the court of appeal
possession of the said property
suit no. ld
admission of inadmissible evidence
claims of the plaintiff
conclusion of the taking of oral evidence
consideration of the issues
court of trial
exhibit d.
following grounds of appeal
further appeal
lagos judicial division of the high court of lagos state
lasisi shittu
learned justice of the court of appeal
lower courts
misdirection of fact
parcel of land
pleaded fact
respect of the said property
statement of claim
terms of the amended statement of claim
transactions of sale of land
virtue of exhibit d
wrong appraisal of the evidence

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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