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F. O. LUKAN V. M. O. OGUNSUSI

(1972) JELR 42446 (SC)

Supreme Court  •  SC.226/1968  •  5 May 1972  •  Nigeria

Coram
ADETOKUNBO ADEMOLA JSC; IAN LEWIS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

(Prepared by A. ADEMOLA, C.J.N. and Delivered by I. LEWIS, J.S.C.): The appellant was the defendant in the High Court of the Western State in Ibadan where he was sued by the present respondent for a sum of 250 being general and special damages for trespass in March, 1964 to his land situate and lying at Oke-Ado, Ibadan. There was also a claim for injunction.

In that court, Madarikan, J., (as he then was), dismissed the plaintiff's case. By a majority judgment, the Western State Court of Appeal reversed this judgment and entered judgment for the plaintiff for 50pounds as damages for trespass and 51.15.4, costs. It also awarded 68.14.6, as costs in the High Court in favour of the plaintiff. From this judgment and order, the defendant has appealed to this court.

The land in dispute originally belonged to Ajengbe Family of Ibadan. In 1952, the plaintiff purported to have bought it from the family and a conveyance was executed by three members of the family, namely Raji Akintola, Momodu Ay…

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