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BEN IBEKE v. MRS GRACE OLUFUNMILAYO NZEGWU & ORS

(2017) JELR 34305 (CA)

Court of Appeal  •  CA/L/906/2011  •  13 Jun 2017  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment):This appeal is against the judgment of the Lagos State High Court sitting in Lagos and delivered on the 17th June, 2011 by HON. JUSTICE O.A. IPAYE in suit No. LD/1197/2008. The Court below entered judgment for the Respondents and the Appellant being aggrieved by the decision, filed an Amended Notice of Appeal on the 3/2/2014 and deemed on the 10/2/2014. The amended Notice of appeal set out 15 grounds of appeal.

Background facts leading to this appeal are that the Respondents by a writ of summons filed before the Court below sought the following reliefs:

1. A declaration that upon the judgment of the Honourable Justice Oke, the defendants are trespassers on the property.

2. An order directing the defendants to abate such trespass by vacating said property forthwith.

3. Damages for trespass to be assessed by the Court.

4. Cost upon full indemnity basis.

The property in question was located at No. 147, Ogunlana Drive, Surulere, …

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