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ALEXANDER BABATUNDE FAKAYODE v. ADENIRAN ADENIYI & ANOR

(2016) JELR 33475 (CA)

Court of Appeal  •  CA/I/199/2011  •  23 Feb 2016  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA O. DANIEL-KALIO JCA;

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The Appellant has appealed against the decision of the Oyo State High Court of Justice Coram Hon. Justice M. O. Bolaji-Yusuf (J) (as he then was) sitting in Ibadan. The Judgment was delivered on 27th January, 2011 and is at pages 124 to 151 of the records.

A brief summary of the suit which led to this appeal is as follows:

The Appellant's amended Writ of Summons upon which trial proceeded was dated 7/11/2005. The Respondents' Statement of Defence was dated 6/3/2006 and filed on 8/3/2006. The prayers of the appellant are contained in paragraph 17 of the amended Statement of Claim at page 31 of the Record of Appeal and are as follows:-

(1) The sum of N10,000,000.00 (Ten million Naira) representing exemplary and aggravated damages for trespass on and damage to the Plaintiff's land at No. 19 Akinsenwa Street, New Bodija, Ibadan Oyo State of Nigeria (which land is also known as Plot No. "DZ" in Block XX housing Corporat…

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