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MRS. FOLUKE MUDASHIRU V. PERSONS UNKNOWN

(2004) JELR 45079 (CA)

Court of Appeal  •  CA/L/131/2002  •  20 May 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; DALHATU ADAMU JCA; CHRISTOPHER M. CHUKWUMA-ENEH JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the respondents in Ikeja High Court seeking a number of reliefs by her amended writ of summons and amended statement of claim dated 31st May, 2001. She claimed against the respondents as follows:

"a) A declaration that development and structure at Plot 26, Harold Shodipo Crescent G.R.A., Ikeja, Lagos contravene the Town and Country Planning (Building Plan) Regulations of Lagos State;

b) An injunction to restrain the 3rd-6th defendants by themselves or by their contractors, servants or workmen or otherwise howsoever from continuing to erect the buildings so as to be a nuisance to the plaintiff and to obstruct or diminish the air space and access of light to the plaintiff's house;

c) An order of mandamus directed to the 2nd defendant to cause the Town Planning Authority to demolish or give orders for the demolition of the buildings on the property located at Plot 26, Harold Shodipo Crescent G.R.A. Ikeja, Lagos forthwith…

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