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LAFARGE CEMENT WAPCO NIGERIA PLC v. ENGINEER LATEEF ISHOLA OWOLABI

(2014) JELR 36147 (CA)

Court of Appeal  •  CA/I/210/2012  •  28 Nov 2014  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; OBIETONBARA DANIEL-KALIO JCA; NONYEREM OKORONKWO JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court delivered on 24th April, 2012 in suit no. HCT/8/2009.

The Respondent was claimant at the Court below. In an action by way of writ of summons dated 21/01/09, he sought for a declaration of title to land, perpetual injunction against trespass and a substantial amount of money as special and general damages for trespass against the Appellant as the Defendant. The claim is in the following terms; thus:

"a. Declaration of title to the statutory right of occupancy in respect of all that land situate along Papalanto/Lagos Road at Papalanto more particularly described in Survey plan No.JAC/011/95 of 6/2/95 drawn by Owotabi O. S. Licensed Surveyor (Exhibit A).

b. Perpetual Injunction restraining the Defendant, her agent and privies from further trespass unto the land.

c. The sum of N500 Million as special and general damages for trespass."

Pleadings were dul…

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