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MICHEAL IDOWU v. DR RAPHEAL AKIN AJAYI & ORS

(2016) JELR 41426 (CA)

Court of Appeal  •  CA/B/70/2005  •  6 May 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State sitting at Akure delivered by Hon. Justice A. Adetosoye on the 24th day of May, 2000.

The appellant was the 10th defendant at the trial Court along with 9 others who are now respondents herein together with Dr Raphael Akin Ajayi, the plaintiff thereat.

The action commenced by a writ of summons dated 18th of December, 1998. Plaintiff filed an amended statement of claim dated and filed 6th July, 1994 while the defendant filed his amended statement of defence and counter claim on 20th May, 1994. See Pages 38 43 and 44 46 respectively.

The plaintiff claimed against the defendants jointly and severally for

(a) The sum of N2,000,000.00 (Two Million Naira) being general damages for trespass committed by the defendants on the plaintiff's plot or the piece of land between the months of May, June and July, 1988 at Akure at Oluguatoloye Tutugbua Family layout al…

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