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MRS. FLORENCE O. CARRENA & ORS. V. CHIEF GAFARU AROWOLO & ORS.

(2008) JELR 48872 (SC)

Supreme Court  •  SC.20/2002  •  13 Jun 2008  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC;

Judgement

F.F. TABAI, J.S.C. (Delivering the Leading Judgment): This action was commenced at the Lagos Division of the High Court of Lagos State in Suit No. LD/1093/80 by the writ of summons dated 28th of August 1980. The Plaintiff was Mr. E.A. Carrena. He died and was, by order of court, substituted with the present plaintiffs/appellants. The claim was against Chief Akinlase and II others. The reliefs claimed were:

(i) A Declaration that they are entitled to the property situate at Ojokoro Mile (161/2 Abule-Egba) Agege-Abeokuta Road in the Lagos State and covered by a Deed of Conveyance known as No.38 in Volume 987 in the Lagos State Registry of Land.

(ii) N2,041.50k (Two thousand and forty-one Naira, Fifty Kobo) Damages for trespass.

(iii) Perpetual Injunction against the Defendant, his agents and servants with respect to the said land.

Pleadings were settled and the matter eventually set down for hearing on the 24th of September 1987.

On the 24th September 1987 both the defendants and theā€¦

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