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O.K.O. MOGAJI & ORS V. CADBURY NIGERIA LTD. & ORS.

(1985) JELR 42567 (SC)

Supreme Court  •  SC.129/1984  •  5 Jul 1985  •  Nigeria

Coram
MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC;

Judgement

A. O. OBASEKI, JSC (Delivering the Leading judgment): This appeal is against the decision of the Court of Appeal delivered on the 13th day of June, 1983, delivered in an appeal from the judgment of the High Court, Ikeja (Cole, J.) delivered in suits IK/233/65, IK/171/68 and IK/172/68 consolidated for the purposes of hearing.

In suit No. IK/233/65 commenced on the 17th November, 1965, the plaintiffs claimed:

"1. 100.00 pounds damages for trespass, in that, sometimes in the month of October 1965, the defendant and their servants and agents wrongfully entered upon the plaintiffs' land along Ikeja/Isheri Road, Ikeja, cleared the land and erected sheds thereon. The said land is in possession of the plaintiffs. The defendants continued to trespass on the said land in spite of repeated warnings by the plaintiffs;

2. An injunction to restrain the defendants, their servants and/or agents from committing further acts of trespass on the said land."

This suit had a chequered career in that after…

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