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CaseLaw

Labode V.Otubu (2001) CLR 4(e) (SC)

Judgement delivered on May 13th 1999

Brief

  • Cause of action
  • Detinue
  • Contract of pawn
  • Bailment

Facts

This is interlocutory appeal from the decision of the Court of Appeal, Lagos Division. The appellant had brought an action against the respondents for an order directing the respondents to release the Original title certificate in respect of her property to her and general damages for their wrongful refusal to release same.

The appellants solicitor had “pledged” the certificate as security for a loan which was initially received from the appellant for the sole purpose of obtaining Governor’s consent to the Appellant’s purchase of the property.

Respondents had brought an application to strike out the writ of summons and statement of claim that it disclosed no cause of action. The trial court refused the application. The Court of Appeal set aside that ruling, holding that the appellant had no reasonable cause of action. The appellant has appealed to the Supreme Court

Issues

  • Whether the writ of Summons and the Statement of Claim disclose reasonable...
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