A. O. IBENWELU V. LAWAL
(1971) JELR 48731 (SC)
Supreme Court
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SC.60/1967
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22 Jan 1971
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Nigeria
Coram
ADEMOLA ADETOKUNBO JSC;
IAN LEWIS JSC;
CHARLES OLUSOJI MADARIKAN JSC;
Appearances
Chief Coker For Appellant
Masha For Respondent
Judgement
<p>MADARIKAN, JSC (Delivering the Leading Judgment): In suit no. IK/44/64 in the Ikeja High Court, the appellant as plaintiff took out a writ of summons against the defendant (now respondent) claiming:</p><p> "(a) 500Pounds as general damages for the defendant's trespass to the Plaintiff's land, and</p><p> (b) An injunction restraining the defendant, his servants or agents, from further trespass to the said land.</p><p> (c) Possession."</p><p> The plaintiff's case on the pleadings was that in 1960, he bought a piece of land from one Latifu Akanbi Tiamiyu Durojaiye Ajia who executed a deed of conveyance in his favour on the 31st December, 1960 (exhibit A); that the said deed of conveyance was duly registered; that he was in peaceful and undisturbed possession of the land until 1963 when the defendant entered thereon; and that despite protests by the plaintiff, the defendant erected a fence wall and building on a portion of the land.</p><p> For his part, the defendant avers in his statement of defence that in 1959 he leased…</p>