WILLIAMS & ORS V. FRANKLIN & ANOR

• Pages: 120-125

120

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WILLIAMS & ORS V. FRANKLIN & ANOR.

quoted by Graham Paul, J., in

Chief Ashogbon v. Oduntan,

12 N.L.R. 7 at page 9,

as follows:-

"The plaintiff himself and two other white-capped Chiefs gave evidence as

to the rights of domestics, to whom land has been allotted by the head of the

family, and the terms upon which they and their successors in title occupy such

land. They were agreed that such a person could be evicted for serious

misconduct, such as burglary, making bad medicines, adultery, etc., and also

if he attempted to alienate the land allotted to him."

In my view th's appeal must succeed. There is no need in view of the decision

I have come to about the

1st

and 3rd to 13th appellants to consider separately the

position of the 2nd appellant, whose actions, if any, were of a less serious nature

than those of the others.

I would therefore allow this appeal but only on the issue of forfeiture and pos-

session. I set aside the judgment of the Learned Trial Judge ordering the appel-

lants to give up possession of the premises in dispute on or before the 30th June,

1959, and in its place would dismiss the claim for possession.

As the respondent has succeeded only in part of his case in the Court of Trial,

I would reduce the costs awarded him from 100 guineas to 75 guineas.

In this Court Notice of Appeal was filed against the whole judgment, but the ap-

peal was argued only on this issue of forfeiture. I would make no order as to costs

in this Court and each party would bear its costs, having succeeded equally.

Ademola, C.J.F.

I concur.

Unsworth, F.J. I

concur.

Appeal allowed in part.

WILLIAMS & ORS V. FRANKLIN & ANOR.

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30

VICTORIA O. WILLIAMS (and)

Defendants of late VIDAL

R.

COLE

V

1.

E.A FRANKLIN

2.

THE CHAIRMAN L.E.D.B.

FEDERAL SUPREME COURT.

ADEMOLA,



C.J.F.

UNSWORTH,



F.J.

TAYLOR,



F.J.

1st May, 1961.

APPELLANTS

RESPONDENT

SUIT NO. FSC 14

2

/

1

960

35

40

45

Legal Practitioners- Solicitor and Client - Fiduciary relationship - Sale of land by

Client to Solicitor - Duly to Client.

50

5

10

15

20

25

Land Law- Town Planning - Lagos - Acquisition of Lands - Compensation to

whom payable - Equitable interest.