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MRS. C. I. ADETUTU & ORS. V. MRS. W.O. ADEROHUNMU & ORS

(1984) JELR 42513 (SC)

Supreme Court  •  SC.34/1982  •  15 Jun 1984  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC;

Judgement

BELLO, J.S.C. (Delivering the Lead Judgment): The appellant was the defendant in the High Court of Lagos State holden at Ikeja wherein judgment was entered for the plaintiffs, now respondents, against the defendant for the sum of N500 being general damages for trespass committed by the defendant on the parcel of land situate and being at Onipetesi Agege in the Ikeja district known as plots Nos. 29 and 30 in Block B in plaintiffs' approved layout No. TPAO 352 and an injunction restraining the defendant by herself, her servant or agents or otherwise howsoever from remaining on or continuing in occupation of the said parcel of land, hereinafter referred to as the land in dispute. Not satisfied with that decision, the defendant appealed to the Court of Appeal which dismissed her appeal and affirmed the judgment of the High Court. The defendant has further appealed to this Court.

From the pleadings of the parties when the case went on trial in the High Court, it was not in dispute that theā€¦

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