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J. SUNKANMI DAIRO & ORS v. THE REGISTERED TRUSTEES OF THE ANGLICAN DIOCESE OF LAGOS

(2017) JELR 37961 (SC)

Supreme Court  •  SC.148/2006  •  23 Jun 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; KUMAI BAYANG AKA'AHS JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC;

Judgement

KUMAI B. AKA'AHS, JSC (DELIVERING THE LEADING JUDGMENT): The respondent as plaintiff who instituted the action claimed in its Amended Writ of Summons and Further Amended Statement of Claim dated 17th April, 1989 the following reliefs:-

1. The sum of ₦11,000.00 being special and general damages for trespass committed by the defendants on the plaintiffs land lying and situate at Iwaya, Lagos State of Nigeria, which said piece and parcel of land is covered by a Deed of Conveyance dated 30th day of June, 1948 and registered as No 42 at page 42 in Volume 776 of the register of Deeds kept in the Land Registry, Lagos.

2. Injunction restraining the defendants, his (sic) servants and/or agents from committing further acts of trespass on the said land.

In proof of its case, the plaintiff called 3 witnesses while each of the 1st-6th defendants testified and the 7th defendant called 4 witnesses.

In a reserved judgment, the trial Court dismissed the first claim of the plaintiff/respondent but granted …

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