Customer Support

THE FEDERAL ADMINISTRATOR-GENERAL & ORS.
V.
CARDOSO & ORS.

(1973) JELR 48787 (SC)

Supreme Court 28 Nov 1973 Nigeria
BriefBot icon

BriefBot Summary

Free

- This case involves an appeal from a judgment in which the plaintiffs sought a declaration that the equity of redemption of a mortgagor had become extinguished and that the property was now vested in the estate of the mortgagee. - The mort

Case Details

Suit Number:SC.68/1971
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Mr. K. Sofola for Appellants. For Appellant Chief F. R. A. Williams for Respondents. For Respondent
Other Citations:(1973) All N.L.R 816 (1973) 11 S.C. 45, (1973) JELR 62116 (SC)

T. O. ELIAS, C.J.N. (Delivering the Judgment of the Court): This is an appeal from the judgment of Somolu, J., delivered at the Ikeja High Court on 4th July, 1966 in which the plaintiffs sought the following remedies:

"(a) A declaration that the equity of redemption of the mortgagor, L. A. Cardoso, in the property situate lying and being at Awodi-Ora in the Apapa District of Western Nigeria has become extinguished and that the fee simple thereof is now vested in the estate of St. Matthew Daniel, deceased.

(b) 50 pounds damages for trespass committed on the said land.

(c) Perpetual injunction restraining the defendants, their servants, agents or workmen from further acts of trespass on the said land."

The action was commenced by the plaintiff alone as the administrator of the estate of J. St. Matthew Daniel, deceased, but shortly after the close of the case for the plaintiff, leave was granted to join the twelve surviving children of the deceased mortgagor as plaintiffs. The first …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.