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M.O. THOMAS LANIYAN V. ALPHEUS DADEOWO & ORS.

(1971) JELR 33417 (SC)

Supreme Court  •  SC.21/05/1971_2  •  21 May 1971  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court Lagos sitting in its appellate capacity over the judgment of the Ikeja Divisional Grade "A" Customary Court. In the Customary Court the plaintiff was one M.O. Thomas Laniyan. He would hereafter in this judgment be referred to as the 'plaintiff'. In the Customary Court the defendants were Alpheus Dadeowo, Esrom Oteje and Ebenezer Dadeowo, and they would hereafter in this judgment be referred to as 'defendants'. The plaintiff's writ against the defendants was endorsed inter alia as follows-

"The Plaintiff claims against the defendants jointly and severally as follows -

(i) A sum of 500pounds (Five hundred pounds) as special and general damages for the defendants acts of trespass to the Plaintiff's land aforesaid.

(ii) An injunction restraining the defendants and their agents/servants from further acts of trespass on the plaintiff's land.

PARTICULARS OF DAMAGES

Particulars of Special…

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