NIMOTA OLUWO & ORS VS R.O. ADEBOWALE

Legalpedia Citation: (1964-03) Legalpedia 37649 (SC)

In the Supreme Court of Nigeria

Holden At Abuja

Sat Mar 7, 1964

Suit Number: SC 162/1962

CORAM

MBANEFO FEDERAL JUSTICE

BRETT JUSTICE, SUPREME COURT

ABBOTT A.G. FEDERAL JUSTICE

PARTIES

NIMOTA OLUWO & ORS

APPELLANTS

R.O. ADEBOWALE

RESPONDENTS

AREA(S) OF LAW

DEED OF ASSIGNMENT-SETTING ASIDE-INJUNCTION

SUMMARY OF FACTS

The plaintiffs in the court below as the executors of one C.J.Oluowo sought an order of court setting aside a deed of assignment of lease duly registered in the Lands Office, Lagos and an order of injunction restraining the defendant, his servants or agents from acting under the said deed.

HELD

The court held that the contract is not void ab initio but voidable and that the appeal be allowed and the judgement of the court below be set aside and replaced with that of this court.

ISSUES

1. whether the deceased was still labouring under the belief that the transaction between himself and the defendant was one of loan and mortgage of his property at 99 King George Avenue, Yaba

2. whether the onus was on the plaintiffs to show that the deceased was so labouring, or had it shifted to the defendant to show that between the making of the two exhibits the deception had been put right

3. whether the misrepresentation was in respect of the contents of the Deed only, or as to the character and class of the Deed.

4. whether the parties can be restored to their former position

RATIONES DECIDENDI

APPLICATION TO SET ASIDE TRANSACTIONS.

‘It seems to us clear, on principle, that a statement in a plea by the party from whom the property passed, that he claims back the property on the ground that he was induced to part with it by fraud, is as unequivocal a determination of his election to avoid the transaction as could well be made’- LOUIS NWACHUKWU MBANEFO