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MADAM ELIZABETH EWUKOYA & ANOR v. TAJUDEEN BUARI& ORS

(2016) JELR 36871 (CA)

Court of Appeal  •  CA/L/686/2009  •  17 May 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, JCA: (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State delivered by HON. JUSTICE ADENIKE J. COKER on the 6th of February, 2008 wherein the lower Court granted the claims of the Respondents and dismissed the counter claim of the Appellants.

Dissatisfied with the decision, the Appellants filed an Amended Notice of Appeal dated 24th March, 2015 and deemed on the 27th of April, 2015 setting out 4 grounds of appeal.

The Respondents (Claimants at the lower Court) had claimed the following reliefs at the lower Court:

a. The sum of N50,000 (Fifty Thousand Naira) being damages for trespass and wastes committed by the defendants on the Plaintiffs farmland and building at Ogogoro in Ibeju Village

b. An injunction restraining the defendants, and/or their servants or agents from further acts of trespass on the said farmland and buildings.

The Appellants on their part had sought by way of counter claim the following relief…

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