CORAM

COKER JUSTICE, SUPREME COURT

MADARIKAN JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

PARTIES

MADAM C. S. T. KODESOH APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent entered into two separate but joined lease agreements for two different properties with the appellant; but the appellant fraudulently made the agreements into one.

HELD

The court held that fraud was proved, so the statutory definition of tenant was not applicable to the appellant and that there was a merger of the agreements.

ISSUES

Whether it can be inferred from the agreements between the appellant and the respondent that there was a repudiation of the earlier 1943 agreement and a merger of both the 1943 and 1953 agreements by the creation of the later document.

RATIONES DECIDENDI

PROVE OF ALLEGATION OF FRAUD IN LAND MATTERS

“We are satisfied that the facts pleaded in the statement of claim amount in law to an allegation of fraud; and that if the learned judge had considered, as he ought to have done, whether fraud was proved, he would have had no difficulty in coming to the conclusion that it was proved. On the totality of the evidence, we have no hesitation in holding that fraud was proved.” PER COKER JSC

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT