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ALLI ADEKANBI v. ADEBAYO AYORINDE

(1970) JELR 33702 (SC)

Supreme Court  •  SC.301/1968  •  27 Nov 1970  •  Nigeria

Coram
IAN LEWIS JSC; GEORGE SODEINDE SOWEMIMO JSC; ADEMOLA ADETOKUNBO JSC;

Judgement

LEWIS, J.S.C.(Delivering the Leading Judgment):- In suit 4/66 in the Ibadan High Court the plaintiff's writ read:-

"(1) The plaintiff's claim against the defendant is for:

(i) Declaration of title to the piece or parcel of land situate, lying and being at Ajimajasan Compound, Agbokojo, Ibadan as will be shown on the plan to be filed with the statement of Claim later.

(ii) 200pounds general damages for trespass committed on the said land sometimes in 1965.

(iii) Injunction to restrain the defendant, his agents, or servants from committing further acts of trespass on the land.

The annual rental value of the land is 10:0s:0d."

In paragraphs 4, 5 and 11 and 12 of his amended statement of claim the plaintiff pleaded as follows:-

"4 The land in dispute is situate at Ajimajasan Compound and is edged Violet in the amended plan CK/28a/66 drawn by Abolade Coker, licensed surveyor and counter-signed by the Surveyor-General on 23-9-66 which is hereby attached to this amended statement of claim.

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