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NATIONAL HORTICULTURAL RESEARCH INSTITUTE V. ALHAJI MURAINA AYOADE & ORS

(1997) JELR 47993 (SC)

Supreme Court  •  SC.2/1994  •  12 Dec 1997  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Appearances
F.N. Molokwu (Mrs), Director of Civil Litigation, Federal Ministry of Justice (with her, C. Okpoko and D.A. Mohammed) For Appellant S.A. Olanipekun (with him,O.S.A. Afolabi) For Respondent

Judgement

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This appeal is from the decision of the Court of Appeal, Ibadan, delivered on the 27th of May, 1993. The plaintiffs, hereinafter referred to as the respondents, filed an action against the appellant in the High Court, Ibadan, and claimed for the following reliefs:

"(a) The sum of Two Hundred Thousand Naira (N200,000.00) being special and general damages for trespass committed by the defendant on the plaintiffs' buildings and landed properties situate, lying and being at Eleyele Area, Ibadan.

Particulars:

Special Damages:

1a. Loss of use of the Plaintiffs holding on the said land

1st Plaintiff Residential N K

Building - N6,000.00 per annum for 6 years 36,000.00

2nd Plaintiff Residential

Building - N6,000.00per annum for 6 years 36,000.00

3rd Plaintiff A Shopping

Complex - N3,600.00 per annum for 6 years 21,600.00

4th Plaintiff A Stretch

of land - N8,000.00per annum for 6 years 48,000.00

5th Plaintiff Propose

Fish Pond - N500.oo per…

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