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MR. JIMOH ALABI ALAPO v. MR. AUGUSTUS O. AGBOKERE & ANOR.

(2010) JELR 47544 (SC)

Supreme Court  •  SC.83/2004  •  5 Mar 2010  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC; MAHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

GEORGE ADESOLA OGUNTADE, J.S.C.: (Delivering the Leading Judgment): The original at the High Court of Lagos State were Alhaji Moshood Ajala and Alhaji Yekini Sowunmi. They died in the course of the proceedings at the court and the present appellant was substituted for them. The claims of the plaintiff now appellant as stated in his further amended statement of Claim read:

"1. Declaration that the plaintiff is entitled to a statutory right of occupancy in respect of the parcel of land edged GREEN in plan No. CD/97/83 drawn by C. Olu Dawodu, Licensed Surveyor and also edged yellow in Plan Nos. MAH.01/L/89 and MAH09/L/89 drawn by M.A. Hassan and more particularly called 17. Olusola Keku Street, Itire, Lagos State.

2. The sum of N120,000.00 (One hundred and twenty thousand naira) being Special and General damages suffered by the plaintiff as a result of trespass committed by the defendants on the building and landing dispute herein and the Defendants occupation of same.

Particulars of Speā€¦

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