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MRS. JARIN ADEGBITE V. CHIEF M. K. OGUNFAOLU & ANOR

(1990) JELR 42985 (SC)

Supreme Court  •  SC.141/1987  •  13 Jul 1990  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; ABUBAKAR BASHIR WALI JSC;

Judgement

WALI, JSC (Delivering the Leading Judgment): By an amended writ of summons taken out in the High Court of Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff claimed against the defendants as follows:-

"1. The plaintiffs claim is AGAINST THE DEFENDANTS JOINTLY and severally is for a sum of ₦5000.00 (five thousand naira) being special and general damages for trespass committed by the defendants when they unlawfully entered on the plaintiffs land lying and situated at Plot 38, Parakoyi Layout, Molete, Ibadan, and damaged the plaintiff's foundation laid thereon.

2. An injunction restraining the defendants from committing further acts of trespass on the said land."

The defendants denied the plaintiffs claim. Pleadings were therefore ordered and exchanged.

The plaintiff's case as presented in her pleadings and evidence can be stated thus:-

The plaintiff bought the land in dispute described as plot 38, Parakoyi Layout, Molete, Ibadan from W.B. Parakoyi on 1st Jun…

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