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De Facto Bakeries & Catering Ltd v. Mrs. A. Ajilore & Anor

(1974) JELR 42460 (SC)

Supreme Court  •  SC.297/1973  •  28 Nov 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; DANIEL O. IBEKWE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellants are the plaintiffs in an action instituted and tried in the High Court, Lagos, where they sought against three defendants (who are the respondents before us) a series of declarations challenging the validity and/or the propriety of the approval given by the 2nd defendants, the Ikeja Area Planning Authority, to the building plan submitted by the 1st defendant, Mrs. Abeke Ajilore and the execution of the said building plan, Exhibit R. The plaintiffs also claimed for a mandatory injunction against the 1st defendant compelling her to demolish the buildings erected by her pursuant to Exhibit R as well as 50,000 or N100,000 as damages "for nuisance and/or trespass." The third defendant, a chartered architect, who was at the material time the Chief Executive Officer of the 2nd defendants, was joined in the action by the plaintiffs.

The plaintiffs and the 1st defendant are lessees of adjoining plots of land from the 2nd…

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