MR. THEOPHILUS BISAYO ADEWUMI V. GABBIS INTERNATIONAL COMPANY LIMITED & ANOR
(2018) JELR 39509 (CA)
Court of Appeal
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CA/IB/142/2013
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22 Feb 2018
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Nigeria
Coram
MODUPE FASANMI JCA;
HARUNA SIMON TSAMMANI JCA;
NONYEREM OKORONKWO JCA;
Appearances
Rasaq Okesiji with P.O. Ogunnubi For Appellant
Chief Nkacha Chiwaba For Respondent
Judgement
<p>MODUPE FASANMI, J.C.A.(Delivering the Leading Judgment):This is an appeal against the judgment of the Ogun State High Court of Justice in Suit No. HCT/123/2007 delivered on the 4th of Dec 2012.</p><p>The Claimants now Respondents claimed against all the Defendants jointly and severally at the lower Court as per their Amended Statement of Claim as follows:</p><p>a. AN ORDER of perpetual injunction restraining the defendants whether by themselves, servants, agents, assigns or otherwise however from entering, selling, tampering, using and or remaining on the said plot of land.</p><p>b. AN ORDER directing the defendant, to demolish and remove any structure on the said land.</p><p>c. DAMAGES in the sum of N10,000,000 (Ten Million Naira Only) for trespass and mental anguish suffered by the 2nd Claimant as a result of the defendants action. Or in the alternative</p><p>d. PAYMENT of the equivalent or prevailing price of the said plot of land in addition to the sum of N10,000,000 (Ten Million Naira Only) damages for trespass anβ¦</p>