MRS. AJIBOLA TOKUNBOH LEWIS V. LAMIDI LAWAL OBAWOLE

PAUL ADAMU GALINJE, JCA: (Delivering the Leading Judgment):By a writ of summons dated 25th of November, 1993, the Appellant herein claimed the following reliefs:-

1. ₦500,00:00 damages for trespass committed by the defendants on the plaintiffs property at Ifako which land is accurately delineated in the plan annexed to the deed of partition dated the 10th day of March, 1976 and registered as No. 20 at page 20 in volume 1547 of the Lands Registry in the office at Lagos.

2. An injunction restraining the Defendants, their servants or agents from continuing such trespass.

This writ was filed along with a statement of claim dated 25th of November, in which the Appellant claimed as per her writ of summons. The procedure where a party claims as per the writ of summons in a statement of claim is unacceptable in law. It is well settled that a statement of claim supercedes the writ of summons and must itself disclose a good cause of action. However in order for the statement of claim to superc…