(1977) JELR 49358 (SC)    

Supreme Court  ·  SC.314/1975 ·  25 Feb 1977 ·  Nigeria
Other Citations
THANNI & ANOR v. SAIDU & 5 ORS. (1977) 2 S.C. (REPRINT). 46
DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
6th defendant
5th defendants
learned trial judge
1st witness
kuje family
members of the kuje family
alhaji ade thanni
exhibit a
learned judge
exhibit a.
1st plaintiff
first ground of appeal
head chief
supreme court
2nd plaintiffs
close of the case
judgment of the learned trial judge
members of the amuwo branch of the kuje family
pendency of this case
plaintiffs claim
statements of defence
wahabi babalola ogunbewon
5th october
applicable rules of court
exhibit v
exhibit w.
family meeting
family property
favour of the defendants
high court of lagos state
ibadan lands registery
imore branch of the kuje family
law of evidence
laws of nigeria
leading judgment
members of the said kuje family
only accredited representatives of the kuje family
portion of the family property
portion of the joint family property
proof of such facts
registered power of attorney
stage of the proceedings
traditional history of his family
view of our comments
western state

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In suit IK/97/68 the plaintiffs, who are the appellants before us, sued the six defendants, the respondents to this appeal, before the High Court of Lagos State, Ikeja Division (formerly in the Western State) on the 5th October 1966 and the claim reads: -

"The Plaintiffs claim is for an order setting aside the Deed of Conveyance dated 17th October, 1965, and registered as No. 32 at page 32 in Volume 896 of the Registry Deed kept at Ibadan Lands Registery."

Beckley, J, who tried the case gave judgment on 14th May 1973 in favour of the defendants thus: -

"I must accordingly hold on the evidence before me that the plaintiffs have failed to proof (prove) their case against the defendants.

"They have failed to prove fraud on the part of the 1st to 5th defendants and the entire claim must fail. This claim is accordingly dismissed."

It is against this judgment that an appeal has been lodged.

When pleadings closed on 23/11/66 the plain…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login