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M. ADE KASUNMU & ANOR V. MADAM SAUDATU ABEO

(1972) JELR 33837 (SC)

Supreme Court  •  SC.96/1969  •  11 Feb 1972  •  Nigeria

Coram
GEORGE B. A. COKER JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Judgement

G. B. A. COKER, J.S.C.(Delivering the Leading Judgment):The present appellants were the 1st and the 4th defendants respectively in an action instituted in the High Court, Lagos, by the respondent, (as plaintiff). The Writ of Summons is endorsed as follows;-

"The plaintiff claims from the 1st, 2nd, 3rd and 4th defendants jointly and severally the sum of Six Hundred Pounds (600pds) damages for trespass committed by the 1st, 2nd, 3rd and 4th defendants on the plaintiff's land and building situate lying and being at No. 141, Brickfield Road, Ebute-Metta on the 2nd day of December, 1967, and injunction restraining the 1st, 2nd, 3rd and 4th defendants, their agents and/or servants from committing any further acts of trespass to the said land with the building thereon."

In due course the plaintiff filed a Statement of Claim in which she described the land in dispute as being "and situate at no. 141, Brickfield Road, Apapa in the mainland of Lagos" and avers as her root of title that -

"On th…

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