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ALHAJI S.A. KAZEEM & ANOR V. MADAM WEMIMO MOSAKU & ORS

(2007) JELR 33883 (SC)

Supreme Court  •  SC.230/2001  •  16 Feb 2007  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; NIKI TOBI JSC; FRANCIS FEDODE TABAI JSC; ALOMA MARIAM MUKHTAR JSC;

Judgement

N. TOBI, J.S.C (Delivering the Leading Judgment): The plaintiffs are the appellants. The defendants are the respondents. The appellants as plaintiffs claimed N500.00 special and general damages for trespass on land and perpetual injunction.

Pleadings were filed and duly exchanged. The matter was tried by the learned trial Judge. He did not see his way clear in granting the reliefs of the appellants. He dismissed the claim in its entirety.

He granted the claim of the 1st respondent. He awarded damages of N1,200.00 for trespass. He also granted perpetual injunction against the appellants.

Aggrieved, the appellants went to the Court of Appeal. The appeal was thrown out. They have come to this court. Briefs were filed and duly exchanged. The appellants have formulated two issues for determination:-

"(1) Whether having regard to the pleadings and the evidence, the Court of Appeal was right to decide as the High Court did that the land was validly sold to the 1st defendant by the Agbaka Fam…

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