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HELIOS TOWER LIMITED V. MR ISIAKA BELLO & ANOR

(2015) JELR 40493 (CA)

Court of Appeal  •  CA/EK/71/2014  •  14 Jul 2015  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; FATIMA OMORO AKINBAMI JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
J. D. Olaniyan For Appellant Adebayo Adewumi with L. A. Fasanmi Esq., (Mrs.) M. O. Agbadaola and O. Ajomole (Mrs.) for 1st Respondent.Ezekiel Agunbiade (holding brief) of Yinka Muyiwa for 2nd Respondent. For Respondent

Judgement

ADZIRA GANA MSHELIA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ekiti State, sitting at Ado-Ekiti; delivered by A.L. Ogunmoye, J. on the 2nd day of May, 2014 wherein the trial court found in favour of the claimant/1st Respondent herein.

The 1st Respondent herein who was the claimant at the trial court, commenced this action by filing an Amended Writ of Summons and Amended Statement of Claim dated 23rd of January, 2012 claiming against Defendant/Appellant, the following reliefs:-

"(a) A declaration that installation of the transmission mast near the claimant's residential building at No. 3 Adebayo Street, Behind Dental Centre, Ado-Ekiti by the defendants constitutes a trespass, nuisance and wrongful interference with the claimant's interest in the use or enjoyment of his property.

(b) A sum of N100 Million being general damages for the nuisance, wrongful interference with the claimant's interest in the use or enjoyment …

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