The plaintiff, a registered limited liability company, was the registered title owner of the leasehold property at No. 86 Marine Road, Apapa, here subject matter of the action filed in the High Court of Lagos state, Lagos the proceedings of which has led firstly to the appeal to the Federal Court of Appeal and secondly from there to this Court. The first defendant had association with the second defendant both in business and in family mattes. In fact they were partners in business and lived together as husband and wife. The 2nd defendant caused her name to be changed from Miss Majiyagbe (the name by which she was employed) to Mrs. Kuforiji in the company’s register of employees to reflect her married status.

In April, 1968 the company put up for sale all its landed properties including the subject matter of these proceedings No. 86 Marine Road, Apapa. The 2nd defendant who had before then been in search of suitable accommodation showed interest in No. 86 Marine Road, Apapa and the company, being desirous of assisting her, offered the property to her for E18,000.00 now N36,000.00.

Surprisingly, the plaintiff denied this offer for N36,000.00 in his reply to the statement of defence oblivious of the fact that they had pleaded it. This offer was made after rejecting an offer to purchase the property for N44,000.00 from a third party. When efforts to raise money to pay the N36,000.00 in one lump sum failed, the plaintiff agreed to a request to grant easy terms of payment and wrote Exhibit E confirming the sale to the 1st and 2nd defendnats, the 1st defendant’s name being added as co- purchaser at the request of 2nd defendant.

The 1st and 2nd defendants were described therein as husband and wife and referred to therein as purchasers of the property to be sold. The full purchase price was paid by 1975 December.

The two defendants are the parents of three children, two boys and a girl. They lived and cohabited at 86, Marine road, Apapa and were served with the writ of summons and statement of claim in these proceedings at that address. IN any event, that was the address for service endorsed on the writs of summons and statement of claim. When family trouble erupted IN 1975, 2nd defendant asked for allocation of a new house from her employer after informing Mr. Ogilvie of the trouble. In 1977, 2nd defendant informed Mr. Ogilvie that the 1st defendant and herself were not lawfully married.

The respondent pleaded false representation and the High Court found in favour of the plaintiff (respondent).