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OLUDOTUN ADEKUNLE KUKOYI & ORS V. ADIATU LADUNNI

(1976) JELR 40867 (SC)

Supreme Court  •  SC.201/1975  •  29 Oct 1976  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC;

Appearances
Chief F.R.A. Williams, (with him, Miss Kester) For Appellant Alhaji M. Ola Owodunni For Respondent

Judgement

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): This appeal is from the judgment of the High Court of Lagos State (Kazeem, J.), dismissing the respondents' claim against the appellant for declaration of title to parcels of land lying and situate at Idi Araba, Ikeja district, and known as plots 150 and 152 in Jemi-Alade Layout, striking out their claim for possession thereof, awarding in their favour the sum of N50 as general damages for trespass and restraining the appellant, his servants and/or agents from further trespassing on the said plots on Jemi-Alade Layout aforesaid.

In order to appreciate the essential points taken on behalf of the appellant in this appeal, attention must be drawn to relevant portions of the statement of claim, these read:-

"(1) The 1st named plaintiff is a licensed surveyor, the second a petitioner, and third a trader.

(2) The land which is the subject-matter of the suit (herein referred to as the land in dispute) is that verged RED numbered Plot 152 a…

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