LAZARUS ATANO & ANOR VS ATTORNEY GENERAL, BENDEL STATE
July 18, 2025MARTINS VS NICANNAR FOOD CO. LTD
July 18, 2025Legalpedia Citation: (1988-03) Legalpedia (SC) 16112
In the Supreme Court of Nigeria
Sat Mar 26, 1988
Suit Number: SC. 206/1985
CORAM
OBASEKI, JUSTICE SUPREME COURT
PARTIES
OMO EBEKU
APPELLANTS
SUNMOLA AMOLA
RESPONDENTS
AREA(S) OF LAW
Not Available
SUMMARY OF FACTS
The plaintiff seeks against the 1st, 3rd to 5th defendants a declaration of title in fee simple absolute or alternatively according to Yoruba Native Law and Custom to all that piece or parcel of land situate at Obele Kolade, between Odunsi Street and Oseni Street, Surulere.
HELD
APPEAL DISMISSED
ISSUES
Not Available
RATIONES DECIDENDI
MEANING OF ALIENATION
“Where there is a conveyance made pendente lite …… even though the alienation be for never so good a consideration, yet if made pendente lite, the purchase is to be set aside; and this in imitation of the proceedings in a real action at common law, where, if the defendant aliens after the pendency of the writ, the judgment in the real action will over-reach such alienation. But where there is a real and fair purchaser without any notice, it is very hard case, especially in a Court of Equity, to set such purchase aside.” LORD CHANCELLOR, PER AGBAJE J.S.C <foo
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
