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DR. AKIN AJIBOYE v. MOSES AKANDE ONIGBINDE

(2014) JELR 36543 (CA)

Court of Appeal  •  CA/I/16/2008  •  8 May 2014  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): By a statement of Claim dated and filed the 1st day of June, 2001, the respondent who was the Plaintiff at the Ogun State High Court, Ota Judicial Division, sought at paragraph 12 of the said Statement of claim, the following reliefs:-

"12. WHEREOF the Plaintiff claims against the Defendant as follows:

(1) A DECLARATION that the plaintiff is the owner of the parcel of land measuring two acres and delineated in survey Plan No. FN 3596 A drawn by Licensed Surveyor A. O. ADEBOGUN attached to the Plaintiff's certificate of occupancy on the 17th day of May, 1983.

2(i) SPECIAL DAMAGES

10,000 9 inches blocks at N45.00 each N450,000.00

200 bags of cement at N850.00 each N170,000.00

10 lorry loads of sharp sand at N4,000 each N40,000.00

4 lorry loads of concrete at N35,000.00 each N140,000.00

LABOUR N70,000.00

TOTAL N870,000.00

(ii) GENERAL DAMAGES N500,000.00

TOTAL N1, 370,000.00

3. AN ORDER OF PERPETUAL INJUNCTION restraining …

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