SHOMEFUN
V.
SHADE

(1999) JELR 80289 (CA)    
Court of Appeal  ·  CA/L/30/94 ·  7 Jul 1999 ·  Nigeria
 · 
Other Citations
(1999) 12 nwlr (pt 632) 537
CORAM
GEORGE ADESOLA OGUNTADE, J.C.A. (Presided and Read the Leading Judgment) SULEIMAN GALADIMA, J.C.A. PIUS OLAYIWOLA ADEREMI, J.C.A.
Core Terms Beta
j. a. harmona
a. oshinkanlu
plaintiffs
defendants
1st defendant
2nd defendant
power of attorney
lower court
sale of the property
learned trial judge
supreme court
respect of the property
3rd defendant
exhibit g
favour of the plaintiffs
high court
leading judgment
proprietary interest
registration of titles law
title deed
trial judge
2nd defendants
brief relevant lads
deceased father
effect of the pronouncement of segun j.
exhibit d.
failure of the registrar of titles
father of the present appellants
grant of a lease
land registry
land transfer act
mr. salim nouyahid
one john adebayo harmona
owner of a building
owner of the remaining part of such land
personal representatives of a deceased person
prescribed manner transfer
prior consent of j. a. harmona
production of documents
real estate
registered deed
registered owners of any land
said j. a. harmona
said lease
said process
statement of claim
victor aina oshinkanlu
virtue of section

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellants (hereinafter referred to as the plaintiffs) in suit No. LD/289/76 brought an action against the respondents (hereinafter referred to as the defendants) claiming by their Amended Writ of Summons for the following:-

"1. An order in favour of the plaintiffs against the 1st and 2nd defendants declaring null and void on grounds of irregularities, lack of competence and fraud, the lease granted by one Mr. v. A. Oshinkanlu to one Mr. Salim Nouyahid in respect of the property at 24 Ereko Street. Lagos and dated 15th January, 1958 and registered as No. 13 page 13 Volume 201 of the Registry of Deeds, Lagos.

2. An order compelling the 3rd defendant to expunge the said lease from the Register kept at the Land Registry. High Court, Lagos."

The plaintiffs filed their Amended Statement of Claim following an order made on 18-11-91. The 1st defendant filed a Statement of Defence dated 9-9-81 on a dale not shown on the said process. The 2…

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