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S. B. FASHANU V. M. A. ADEKOYA

(1974) JELR 40545 (SC)

Supreme Court  •  SC.141/1973  •  11 Jun 1974  •  Nigeria

Coram
GEORGE B. A. COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC;

Appearances
Mr. O. Ajose Adeogun For Appellant Mr. K. Sofola For Respondent

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): The principal issues in this appeal are issues of fact. The plaintiff, now appellant, sued the respondent, as defendant, on a writ endorsed for 100 pounds damages for trespass committed by the defendant on the plaintiff's land at Ajoke Dosumu Street, Surulere, and a perpetual injunction against the defendant restraining him from a continuation or repetition of such trespass. The property in dispute is situated as stated by the plaintiff on his writ and it is not seriously disputed by any of the parties that the land on which the building stood was originally owned by the Oloto Chieftaincy Family and that by a series of acts in law the plaintiff became the owner of the land by virtue of a Deed of Conveyance duly registered according to law. It was also the case of the plaintiff that after his purchase of the land he caused an allotment plan of the entire land to be prepared and approved and that the defendant later unlawfully entered upo…

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