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OLAIDE IBRAHIM V. S.A. OJOMO & ORS.

(2004) JELR 45039 (SC)

Supreme Court  •  SC.249/2000  •  30 Jan 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

EDOZIE JSC (DELIVERING THE LEADING JUDGMENT): The respondents herein were the plaintiffs at the Lagos High Court in suit No. LD/1929/90 where they claimed against the appellant as defendant as per the further amended statement of claim dated 31st March, 1992, and the amended writ of summons dated 15th April, 1992, the following reliefs:

"(a) The sum of six million naira being special and general damages for trespass committed by the defendant on their properties at Nos. 42 and 44 Doherty Street, Lagos.

(b) Perpetual injunction restraining the defendant and their agents or privies from further committing any acts of trespass on the said land or intermeddling with the administration of the said property.

(c) An account of all monies collected from the various tenants in the said properties from 1st July, 1987."

The defendant in his further amended statement of defence denied the plaintiffs' claim. At the trial each party called witnesses to substantiate its claim or defence. From the pleadiā€¦

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