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Alhaji W. Elias v. Alhaji B. A. Suleimon & Ors

(1973) JELR 33880 (SC)

Supreme Court  •  SC.205/1971  •  21 Dec 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In suit No. HK/6/59 filed in the Lagos High Court, the plaintiff, now appellant, had instituted an action against the defendants, now respondents, in which he had claimed against them as follows:

"1. Declaration of title in fee simple in respect of the land situate at 13 milestone on the Lagos-Ikorodu Road, Ikeja District, covered by Deed of Conveyance dated the 13th day of January 1958 and registered as No. 1 at page 1 in Volume 234 of the Register of Deeds kept in the Lands Registry at Ibadan and the plan attached thereto.

2.500(pounds) being special and general damages for trespass committed by the defendants on the said land.

3. Injunction restraining the defendants, their servants and/or agents from further trespass on the said land."

Paragraphs 2, 3, 4, 5 and 7 of the statement of claim filed by the plaintiff in support of his claim read

"2. The plaintiff avers that the said land formed portion of a large area of land…

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