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ALHAJI Y.A.O. BELLO V. THE DIOCESAN SYNOD OF LAGOS & ORS

(1973) JELR 48795 (SC)

Supreme Court  •  SC.229/1970  •  23 Mar 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; DAN IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellant, Alhaji Y.A.O. Bello, became, in the events that happened, the plaintiff in an action originally instituted by his mother, Madam Ashinmowu Bello, in the High Court, Lagos and in which the writ was originally endorsed as follows:

"The plaintiffs claims against the defendants jointly and severally are (a) 8,000 pounds special and general damages for damage done to the plaintiff's property at No.1 Edwin Street, Lagos due to the negligence/nuisance of the defendants in the execution of building operations being carried out by the defendants on their land St John's Aroloya Church adjoining the plaintiff s property.

(b) An injunction restraining the defendant from doing further damage to the plaintiff's said property."

The original plaintiff died soon after the filing of some of the pleadings but before the actual trial of the action. The present appellant, who will hereafter in his judgment be referred to as t…

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