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CaseLaw

Owosho & Ors V. Dada (1984) CLR 7(d) (SC)

Judgement delivered on July 12th, 1984

Brief

  • Equity
  • Nullification of fraudulent conveyance
  • Right of rescission of conveyance
  • Pleadings
  • Abesence of specific or implied denial of averment in statement of claim

Facts

Plaintiff stated that he leased a parcel of landed property from the defendants and that the family now sought to sell the same parcel of landed property to the 7th defendant and in fact had executed a purported deed of conveyance in the 7th defendant's favour, and registered at the Lands Registry in Lagos.

He now sought an order declaring the pur¬ported deed of conveyance null and void.

At trial, the judge, refused an application to recall the plaintiff (who had failed to tender the Deed in question in evidence) to tender the deed of conveyance in ques-tion, and dismissed the plaintiffs claim.

On appeal the decision of the trial judge was set aside and the plaintiff's appeal allowed.

The defendants/appellants thus appealed to the Supreme Court.

Issues

  • 1
    What is the effect of a non-denial of averments made by a plaintiff in his...
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