OLUWO & ANOR V. ADEBOWALE

• Pages: 61-71

OLUWO & ANOR V. ADEBOWALE

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not intervene either in the court below or in the appeal. The defendants were com-

petent to defend on the Family's behalf, and there was no need for any fresh auth-

ority or any court order for them to do so. In the Court's opinion,

Adegbite v. Lawal

and

Gbadesere v. Edu

differ on the facts and do not apply in the present case.

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The first ground of appeal fails like the second, and the appeal will be dismissed.

It remains to add that learned counsel for the defendants also argued that there

could be no judgement against them personally on the ground that they were sued

in a representative capacity. That is a novel point taken in the appeal and outside

the true meaning of the first ground of appeal; it must therefore be disregarded.

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The defendants were sued 'for themselves and on behalf of Disu Labulo Family'

according to the title of the suit in the record; the title stands, and the judgement

must bear that title with its consequences.

For clearness' sake this Order is made:

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'That the appeal from the judgement of 18th December, 1961, in the Lagos

High Court Suit No. LD/147/61 be hereby dismissed with costs of appeal

assessed at thirty guineas, and that it be declared that the said judgement is

against the defendants for themselves and on behalf of Disu Labulo Family."

Appeal dismissed.

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OLUWO & ANOR V. ADEBOWALE

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1.

NIMOTA OLUWO

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APPELLANTS

2.

G.F. KUFORIJI

(Executors of C.J. Oluwo, Deceased)

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V

R.O. ADEBOWALE

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RESPONDENT

SUIT NO. FSC 16

2

/

1

962

SUPREME COURT OF NIGERIA

TAYLOR,

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J.S.C.

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BAIRAMIAN,



J.S.C.

COKER,

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Ag. J.S.C.

7th March, 1964

Legislation - Supreme Court Rules, 1961, 0.7, R. 13.

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Appeals - to Supreme Court - Civil - Need for Respondent's notice.

Contract - Fraud - Continuing effect of misrepresentation - Plea of non est factum

wizen not available - Document of sale instead of mortgage - Order turning

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the sale into a mortgage and consequential orders - Contract - Election to

avoid contract induced by fraud - action claiming back the property - claimant's

conduct previous to action - Question of repaying money received by him.

ISSUES:

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1. Does a fraudulent misrepresentation have a continuing effect on the representee

once it has been made.

2. Under what circumstances will ttv_

,

, plea non est factum fail.