FATAYO OJULE & ORS VS B. A FATOLA OKOYA
August 22, 2025ADAMU YIDI KAWO VS THE STATE
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 31575
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Apr 27, 1972
Suit Number: SC.4/72
CORAM
MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT
JUSTICE CHARLES EFANGA ARCHIBONG JUDGE.
P. NNAEMEKA-AGU, JUSTICE, SUPREME COURT
PARTIES
MADAM C. S. T. KODESOH APPELLANTS
MADAM AYINKE ARO 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.”
CASES CITED
None.
STATUTES REFERRED TO
None.|
