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CaseLaw

Olufunmise V. Falana (1990) CLR 4(c) (SC)

Judgement delivered on April 27th 1990

Brief

  • Fraud - Strict proof of particulars of fraud
  • Judgement – Setting aside of on grounds of fraud
  • Order 16 rule 5(1) of the High Court of Lagos State Civil Procedure Rules
  • Order 17 Rule 5(1) in the High Court of Lagos State (Uniform Civil Procedure Rules) 1987.

Facts

This suit is one of the many suits between the parties herein. The appellant was the plaintiff in suit No. LD/828/75 and the defendant in Suit No. LD/52I/75. The two actions LD/828/75 and LD/521/75 were consolidated. The appellant had in his own suit claimed among other reliefs the setting aside of the judgment in LD/355/68, a judgment delivered by Kazeem, J. (as he then was) which was affirmed by the Supreme Court in Suit no. SC.69/1971. The learned trial C.J., Ademola Johnson dismissed the appellant's claim on the ground of res judicata but granted the respondent the reliefs in her own claim. This judgment was affirmed by the Court of Appeal hence appellant's appeal to this court.

Issues

Whether particulars of the fraud alleged were given in the appellant's statement...

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