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Nigergate Limited v. Niger State Government & 2 Ors
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This is an appeal against the decision of the Court of Appeal sitting in Lagos. The Respondents in this case are the wife and children of Mr. Paul Oladimeji Borges Dasilva, the deceased owner of the disputed land. Mr. Dasilva died intestate, and the Respondents commenced an action against the Appellant at the High Court of Lagos State for trespass to land by the Appellants and for declaration that they are the owners of the disputed land having inherited it from the deceased Mr. Dasilva.
In response, the Appellant filed an Amended Statement of Defence on May 22, 2012, asserting that the contested portion of land was sold to him by the Eletu Odibo Family in 2011. To support his claim, the Appellant tendered an unstamped and unregistered Deed of Assignment, dated March 14, 2011. He also argued that the Deed of Conveyance presented by the Claimants was a factual impossibility.
The trial court gave judgment in favour of the Respondents. Dissatisfied with the judgment of the trial court, the Appellant appealed the decision to the Court of Appeal, Lagos Division. The appeal was heard, and on April 28, 2017, the Court of Appeal rendered its judgment, partially allowing the appeal. Further dissatisfied, the Appellant appealed to the Supreme Court.